5 Things That Invalidate Divorce in Islam You Should Follow

Things that invalidate divorce in Islam become the most concern case in most Muslim societies. Not only because it becomes a crucial issue, but also will give some effects on both husband and wife.

Most Muslims believe that there are so many things that invalidate divorce in Islam. It becomes united with the rule of divorce in Islamic law that most Muslims should follow.

Once a married couple talks about divorce, they should follow one of those rules based on the Islamic law that is already written in the Quran. Speaking of it, here we have some of the things that invalidate divorce in Islam based on the Quran.

Let’s check them out below!

1. Refuse an Arbitrator

For so many years, Muslim believe that the influence of an arbitrator is important. Most couples marriage are afraid of getting a divorce, so they would find some pieces of advice from both arbitrator parties. If it happens, that can be a part of the Islamic law of remarried without divorce.

Commonly, divorce will become the last option to take if both arbitrator and couple marriage have no clue to save their marriage. That is why the influence of an arbitrator is important and refusing it will make the divorce invalid.

Refusing the influence of arbitrators becomes one of the things that invalidate divorce in Islam. That is because it’s against the divorce rule based on the Quran surah An Nisa verse 35.

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)

2. Avoid the Waiting Period

Avoiding the waiting period becomes one of the things that invalidate divorce in Islam. The waiting period may be the time for both parties to reconcile such as some of the tips on how to prevent divorce in Islam. That is because it’s against the divorce rules written on the Quran surah Al Baqarah verses 226 – 227.

لِلَّذِيْنَ يُؤْلُوْنَ مِنْ نِّسَاۤىِٕهِمْ تَرَبُّصُ اَرْبَعَةِ اَشْهُرٍۚ فَاِنْ فَاۤءُوْ فَاِنَّ اللّٰهَ غَفُوْرٌ رَّحِيْمٌ – ٢٢٦

وَاِنْ عَزَمُوا الطَّلَاقَ فَاِنَّ اللّٰهَ سَمِيْعٌ عَلِيْمٌ – ٢٢٧

“For those who crave their wives, they have to wait four months. Then if they return (to their wives), then indeed, Allah is Forgiving, Most Merciful. And if they decide to divorce, then indeed, Allah is All-Hearing, All-Knowing.” (QS 2: 226-227)

3. Avoid the Witness

Avoiding to get a witness for the divorce becomes one of the things that invalidate divorce in Islam. Having a witness for divorce is important as one of the ways to divorce your wife in Islam. Such as mentioned in the Quran surah At-Talaq verse 2 below.

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)

4. Avoid Giving Allowances

Giving allowances from the rich husband or wife to the left poor one after divorce is important to represent the responsible for their children and ex-spouse during the marriage period.

There is some certain time standard of giving the allowance, and if they avoid it will make the divorce invalid. Avoiding giving allowances becomes one of the things that invalidate divorce in Islam. Moreover, Allah mentions in the Quran surah At-Talaq verse 7.

لِيُنْفِقْ ذُوْ سَعَةٍ مِّنْ سَعَتِهٖۗ وَمَنْ قُدِرَ عَلَيْهِ رِزْقُهٗ فَلْيُنْفِقْ مِمَّآ اٰتٰىهُ اللّٰهُ ۗ لَا يُكَلِّفُ اللّٰهُ نَفْسًا اِلَّا مَآ اٰتٰىهَاۗ سَيَجْعَلُ اللّٰهُ بَعْدَ عُسْرٍ يُّسْرًا ࣖ – ٧

“Let those who have the breadth to provide for their livelihood according to their ability, and those who are limited in their sustenance should make a living from the wealth that Allah has given them. Allah does not burden a person except (according to) what Allah has given him. Allah will provide space after hardship.” (QS 65:7)

5. Divorcing a Pregnant Wife

Divorcing a pregnant wife becomes one of the invalidate divorces in Islam. If they insist, to get a divorce in case of the pregnancy term, the divorce will become unlawful as it is against the right of a woman in Islam during a divorce.

Moreover, based on the Quran, surah Al Baqarah verse 228 already mentions the rules of divorcing a pregnant wife.

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)

So, there are some of the things that invalidate divorce in Islam that you should follow. May Allah gives you His blessing in your divorce decision.