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What is the duration of the divorce? How is it to be conducted?

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

What is the duration of the divorce? How is it to be conducted? Do people have to witness it three times of pronouncement before it can be legal? or once? If witness once, is that suffice for it? If the husband refuse to allow witness for the second time what happeened. Pls! I need a clear picture of what divorce is all about, How is to be conducted, where and when? Jazakumllahu khairan

 

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Answer:

 

The correct method of divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Although Islam absolutely encourages and guides the believers to maintain their marriage, it also recognizes that it is possible that sometimes a man and a woman who chose to commit to each other in the sacred bond of marriage may not be compatible to each other….and if after all avenues of reconciliation have been exhausted, Islam, as an absolutely last resort, has permitted the married couple to separate through a divorce.

 

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

 

Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib

The Prophet (saws) said: ‘Allah did not make anything lawful more abominable to Him than divorce.’

 

If after all the avenues of reconciliation have been absolutely exhausted and the couple still seek to separate from each other through divorce, Islam guides and reminds the believers that just as the couple who married united in peace, if Allah forbid, they wish to separate, they should do so in peace.

 

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-2:

1 O Prophet! When ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

2 Thus when they fulfil their term appointed either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah He (ever) prepares a way out.

 

The correct way to pronounce divorce in Islam, as taught in the Holy Quran, is that the husband, making sure that his wife is not experiencing her menstruation, pronounces 1-divorce to his wife, and they ‘stay-away’ from conjugating with each other for a time period of three menses periods. If before the three menses periods are over, the husband decides to revoke the divorce and take his wife back, he is well within his rights to do so; and although one of the three divorces will be deemed established in the marriage, the couple may continue to live together as a married couple.

 

But if after the declaration of a revocable (1st and 2nd) divorce, the three menses period duration passes, and the couple do not come together, then the husband and wife will be considered legally divorced and the woman may marry any man of her choice thereafter. If they wish to re-marry after this period, a brand new ‘nikaah’ needs to be done for them to be husband and wife again; but the husband has used up one of his three divorce rights, and has only two more divorce rights left in this marriage. The divorce and re-marriage can only be done twice; and the third time the husband pronounces the divorce, then it will be considered a final divorce and the couple cannot remarry; unless the woman marries someone else and that husband divorces her or dies.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 (part):

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.

 

Thus, in Islam, one need not use all the three divorce pronunciations to divorce his wife. Only one divorce pronunciation is enough to obtain a legal and full divorce, and after the woman passes the ‘iddah’ or waiting period of three menses periods she is free to marry anyone she wills, and it also leaves the option for the couple to re-marry again, if they wish to do so.

 

If the husband is the one who initiates the divorce, then it is not permissible for him to take back anything he has given his wife in the least. He should fear Allah, remember His favors upon him, and just as he once married and united with this woman with the spirit of peace and generosity, if for any reason he wishes to separate from her, he should do so with justice, kindness, peace, generosity and benevolence.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 :

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (if it is the wife who initiates the divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons are the wrong-doers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 (part):

231 When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 20-21:

20 But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?

21 And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

 

When separating through divorce each party should fear their Lord Who is watching over everyone and everything in His creation, and during the entire divorce proceedings and thereafter, they should never ever slander, or injure, or take undue advantage of the other; but rather just as they once chose to unite in peace and mercy, if for any reason they wish to separate they should do so in peace, mercy, kindness, benevolence, and above all with honor, patience and generosity.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 19:

19 O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.

 

Now to answer your specific questions:

 

Q-1: What is the duration of the divorce?

There are three divorce rights in any one marriage in Islam, the first two of which are revocable and the third divorce is absolutely final and irrevocable.

 

If one pronounces a revocable divorce (the 1st or the 2nd declaration), one may revoke this divorce anytime between the declaration of the divorce and before the waiting period or ‘iddah’ of three menstrual periods of the women have elapsed.

 

If the husband does not revoke the divorce before the ‘iddah’ or waiting period, a divorce will be established and the women is free to marry any man of her choice.

 

If after declaring a revocable (1st and 2nd) divorce, the husband does not revoke the divorce before the end of the ‘iddah’ or waiting period of three menstrual periods….and at a later date the couple wish to remarry again, a brand new nikaah must be performed for them to be able to live as a couple again.

 

Q-2: Do people have to witness it three times of pronouncement before it can be legal? or once?

The presence of two witnesses is a legal requirement only for a ‘nikaah’ in Islam; there is absolutely no requirement for the presence of a witness when one declares or pronounces a divorce in Shariah Law.

 

A husband may declare or pronounce a divorce upon his wife without absolutely any witnesses present….such a divorce would be deemed valid in the Sight of Shariah Law and of Allah Subhanah.

 

Q-3: If witness once, is that suffice for it? If the husband refuse to allow witness for the second time what happeened. Pls!

There is absolutely no condition or requirement for a witness to be present during the declaration of a divorce in Shariah Law. A divorce given by a husband to his wife in absolute privacy will be deemed valid in the Sight of Shariah Law and of Allah Subhanah.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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