Divorce in Islam: Talaq, Khul’, Iddah and Rights
Divorce is permitted in Islam and is widely treated as a last resort. It exists as a way out of an impossible situation, not as an ordinary way to settle an argument.
In short
- Talaq — divorce initiated by the husband
- Khul' — divorce at the wife's request, returning the mahr
- Faskh — dissolution by a judge on valid grounds
- Iddah — the wife's waiting period, usually three cycles
- Return — ordinarily possible during the iddah after a first or second revocable talaq; not after the third
- Mahr — generally remains the wife's in an ordinary talaq after consummation; khul' is different
- Children — maintenance remains the father's obligation
Is divorce permitted
Divorce is permitted in principle, but its religious ruling can vary with the
circumstances. Without a legitimate reason it is generally discouraged and
should not be the first response to marital conflict.
A widely cited report describes divorce as the most disliked of the things
that are permitted, although the authenticity of that narration has been
disputed — al-Albani graded it weak, and scholars have differed over its
chain. The Quran instructs an attempt at reconciliation
first: an arbiter from his family and one from hers, so that they may try
to settle the matter.
Divorce should not be threatened in an argument, and the formula should not
be pronounced in anger.
Talaq: divorce by the husband
Talaq is pronounced by the husband. Whether a particular utterance takes
effect depends on the wording used, on intention where the wording is
indirect, on the circumstances, and on the school followed — an important
point when someone is trying to work out whether a divorce has happened at
all.
The manner recognised as correct is this: the divorce is pronounced once,
during a period of purity in which there has been no intimacy. The waiting
period then begins.
**A first or second standard talaq after consummation is ordinarily
revocable.** During the iddah the husband may take his wife back without a
new contract. A divorce pronounced before consummation is not revocable in
this way: returning requires a fresh contract. Once the iddah has ended,
return is possible only through a new nikah with a new mahr.
The third talaq is final. After it the couple cannot return to one
another unless she genuinely marries another man and that marriage ends of
its own accord.
The practice of pronouncing the formula three times in one sitting is judged
differently: the majority of classical jurists counted it as three divorces,
while some scholars have held that it counts as one. The question is serious and belongs with an imam, not with a private
decision.
Khul': divorce at the wife's request
If a wife cannot continue in the marriage she may seek dissolution by
returning the mahr or part of it. This is called khul'.
The grounds may be anything that makes life together unbearable: aversion,
ill-treatment, a husband failing his obligations. She is not required to
prove fault on his part.
Khul' is a final dissolution: return is possible only through a new contract.
Faskh: dissolution by a judge
Where the husband refuses to divorce and the grounds are serious, the
marriage is dissolved by a judge or an authorised figure in the community.
The grounds usually cited: prolonged absence without news, inability to
maintain the family, ill-treatment, a serious illness concealed at the
contract, prolonged abandonment of marital obligations.
Iddah: the waiting period
After divorce a woman observes a waiting period before she may remarry.
- Ordinary case: three menstrual cycles
- If she does not menstruate: three lunar months
- If pregnant: until the child is born
- Widowhood: four months and ten days
- If there was neither consummation nor, where the school counts it, valid seclusion: no iddah
The purpose is to establish that she is not pregnant and to give both sides
time to reconsider. During the iddah, in a revocable divorce, the couple may
still return to one another.
In a revocable divorce the wife remains in the marital home during the iddah
and her maintenance is his responsibility. For a pregnant woman the Quran
directs that she be maintained until she gives birth. After a final divorce
the position varies between the schools.
What happens to the mahr
After consummation the full mahr is generally owed to her in an ordinary
talaq.
If the marriage was not consummated and the husband divorces her, half of
the named mahr is due.
Khul' is different: it commonly involves returning all or part of the mahr
as compensation, and that return is the condition of the dissolution.
When a deferred portion falls due depends on the terms agreed, the school
followed and, where the marriage was civilly registered, the applicable
family law.
Children
Maintenance of the children remains the father's obligation regardless of
whom they live with.
Classical custody rules differ considerably between the schools — by the
child's age, by the child's sex, and on what happens if the mother remarries.
Modern family law in the country where you live may apply different rules
again, and in practice it is usually the one that decides.
The other parent's right to contact remains. Obstructing it is not approved.
Before divorcing
- attempt reconciliation, including through arbiters from both families
- speak to an imam or a knowledgeable person rather than deciding alone
- do not pronounce the formula in anger or use divorce as a threat
- record property arrangements in writing
- if the marriage was civilly registered, dissolve that too
What next
If you are after a divorce or widowhood and looking again, our
catalogue states marital status on every profile, and
the filters let you search among those in a similar position.
On the conditions of marriage see what is nikah; on the marriage
gift, the article on mahr.
Divorce touches property, children and legal consequences. Take your own situation to an imam and, where the marriage was civilly registered, to a lawyer. This article gives a general picture, not a ruling on a particular case.
Frequently asked questions
No, divorce is permitted. It is widely treated as a last resort, and the frequently quoted description of it as "the most disliked of permitted things" comes from a narration whose authenticity scholars have disputed.
The husband pronounces the talaq, and the waiting period begins. During the iddah, after a first or second talaq, the couple may return to one another. After the third talaq the divorce is final.
Yes, through khul' — dissolution at her request, returning the mahr or compensation. A judge may also dissolve the marriage on valid grounds.
It is the first pronouncement. After consummation it is ordinarily revocable: during the iddah the couple may resume the marriage without a new contract. Pronounced before consummation, it is not revocable in that way and returning requires a fresh contract.
Three menstrual cycles in the ordinary case; three lunar months if she does not menstruate; until birth if she is pregnant; four months and ten days in widowhood.
After consummation the full mahr is generally owed to her in an ordinary talaq. Before consummation, if the husband divorces her and an amount was named, she is entitled to half of the specified mahr. Khul' commonly involves returning all or part of it.
A woman must complete her waiting period first. A man observes no iddah, though particular circumstances can still restrict whom he may marry and when.
It refers to the situation after a third and final talaq, where the couple may only remarry if the woman marries another man and that marriage ends naturally. Arranging such a marriage deliberately in order to return is condemned.