5 Rules of Divorce in Islamic Law You Should Follow!

Rules of divorce in Islamic law is already written in the Quran so many decades ago. It comes with some complete rules that give the perceived about divorce in the Islamic law that useful to apply daily among Muslims.

Even so, Muslims know better that divorce is one thing that is hated the most by Allah. That is why most Muslims try harder to keep their marriage longer in their lifetime. Most of them are afraid that they would not be getting any blessing from Allah if they are insisting to do the divorce.

Speaking of it, most Muslims know that divorce becomes the last choice if there is no option for saving their marriage. If so, they should follow the rules of divorce in Islamic law.

This time, we will give you some of the rules of divorce in Islamic law based on the Quran that you should follow. Let’s check them out below!

1. Divorce in a Good Way

Whatever the names of divorce vary in some countries, it leaves a mark of sadness. Whether for the husband or wife, divorce commonly gives some traumatic sense of feeling left by their spouse that is different from the Islamic law of contracts and business transactions.

That is why divorce is a good way to become one of the rules of divorce in Islamic law. Such as mentioned in the Quran surah Al Baqarah verse 231 below.

وَاِذَا طَلَّقْتُمُ النِّسَاۤءَ فَبَلَغْنَ اَجَلَهُنَّ فَاَمْسِكُوْهُنَّ بِمَعْرُوْفٍ اَوْ سَرِّحُوْهُنَّ بِمَعْرُوْفٍۗ وَلَا تُمْسِكُوْهُنَّ ضِرَارًا لِّتَعْتَدُوْا

“And if you divorce (you’re) wives, then until (the end of) their Idah, then hold them in a good way, or divorce them in a good way (also). And do not hold them with evil intentions to wrong them,” (QS 2: 231)

2. Take a Wise Decision

Divorce with a right and wise decision is important for both husband and wife. The couple will take no regret in their divorce so that no one will hurt so bad after the divorce sentence come. Even so, it is better to get some information on how to prevent divorce in Islam before getting the final words.

Taking a wise decision about divorce becomes one of the rules of divorce in Islamic law that Muslims should follow. Such as mentioned in the Quran surah An Nisa verse 35 below.

وَاِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوْا حَكَمًا مِّنْ اَهْلِهٖ وَحَكَمًا مِّنْ اَهْلِهَا ۚ اِنْ يُّرِيْدَآ اِصْلَاحًا يُّوَفِّقِ اللّٰهُ بَيْنَهُمَا ۗ اِنَّ اللّٰهَ كَانَ عَلِيْمًا خَبِيْرًا – ٣٥

“And if you fear that there will be a dispute between the two, then send a peacemaker from a male family and a peacemaker from a female family. If both (peacemakers) intend to make improvements, surely Allah will give Taufik to the husband and wife. Indeed, Allah is All-Aware, All-Knowing.” (QS 4:35)

3. Holding Time for Pregnant Wife

As for the wife that is divorced by their husband, holding the time of the divorce for the pregnant wife is important. It becomes one of the rules of divorce in the Islamic way that Muslims should follow as one of the rights of a woman in Islam during a divorce.

Moreover, if both husband and wife want to get back together and cancel the divorce, it is better. Such as mentioned in the Quran surah Al Baqarah verse 228 below. Moreover, they can through the Islamic law of remarried without divorce.

وَالْمُطَلَّقٰتُ يَتَرَبَّصْنَ بِاَنْفُسِهِنَّ ثَلٰثَةَ قُرُوْۤءٍۗ وَلَا يَحِلُّ لَهُنَّ اَنْ يَّكْتُمْنَ مَا خَلَقَ اللّٰهُ فِيْٓ اَرْحَامِهِنَّ اِنْ كُنَّ يُؤْمِنَّ بِاللّٰهِ وَالْيَوْمِ الْاٰخِرِۗ وَبُعُوْلَتُهُنَّ اَحَقُّ بِرَدِّهِنَّ فِيْ ذٰلِكَ اِنْ اَرَادُوْٓا اِصْلَاحًا ۗوَلَهُنَّ مِثْلُ الَّذِيْ عَلَيْهِنَّ بِالْمَعْرُوْفِۖ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ ۗ وَاللّٰهُ عَزِيْزٌ حَكِيْمٌ ࣖ – ٢٢٨

 “And the divorced wives (required) to hold themselves (wait) three times Quru’. It is not permissible for them to hide what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands are more entitled to return to them in that (period) if they want improvement. And they (the women) have rights in proportion to their obligations in a proper manner. But husbands have an advantage over them. Allah is Mighty, Most Wise.” (QS 2: 228)

4. Leaving the Wife that Against the Islamic law

Leaving the wife that is against Islamic law and never trying to fix the problem becomes one of the rules of divorce in Islamic law. In Islamic law, the wife that is not following Islamic rule is better to get separated which is far from the ideal of the tips for being a good wife in Islam.

It is already mentioned in the Quran surah An Nisa verse 35 below.

وَالّٰتِيْ تَخَافُوْنَ نُشُوْزَهُنَّ فَعِظُوْهُنَّ وَاهْجُرُوْهُنَّ فِى الْمَضَاجِعِ وَاضْرِبُوْهُنَّ ۚ فَاِنْ اَطَعْنَكُمْ فَلَا تَبْغُوْا عَلَيْهِنَّ سَبِيْلًا ۗاِنَّ اللّٰهَ كَانَ عَلِيًّا كَبِيْرًا – ٣٤

“The women who you worry about Nusyuz, you should advise them, leave them in bed (separate beds), and (if necessary) beat them. But if they obey you, then do not look for reasons to trouble them. Indeed, Allah is Most High, Most Great.” (QS 4:34)

5. Bring the Witness

Bringing the witness becomes one of the rules of divorce in Islamic law that should follow among Muslims. As mentioned in the Quran surah At-Talaq verse 2, represents the wise decision in the divorce rules.

فَاِذَا بَلَغْنَ اَجَلَهُنَّ فَاَمْسِكُوْهُنَّ بِمَعْرُوْفٍ اَوْ فَارِقُوْهُنَّ بِمَعْرُوْفٍ وَّاَشْهِدُوْا ذَوَيْ عَدْلٍ مِّنْكُمْ وَاَقِيْمُوا الشَّهَادَةَ لِلّٰهِ ۗذٰلِكُمْ يُوْعَظُ بِهٖ مَنْ كَانَ يُؤْمِنُ بِاللّٰهِ وَالْيَوْمِ الْاٰخِرِ ەۗ وَمَنْ يَّتَّقِ اللّٰهَ يَجْعَلْ لَّهٗ مَخْرَجًا ۙ – ٢

“So when they are nearing the end of their Idah, then either refer (return to) them or release them properly and testify with two just witnesses between you and establish your testimony for the sake of Allah. Thus the teaching is given to those who believe in Allah and the hereafter. Whoever fears Allah, He will open a way out for him.” (QS 65:2)

So, there are some of the rules of divorce in Islamic law that should follow by Muslims. May Allah give His blessing towards the divorce.