How to "Give" a Divorce in Islam

Muslim men and women have the right to divorce.

New Testament doctrines prohibit divorce in nearly all circumstances, while Jewish doctrines allow men to divorce their wives for any reason. Islam falls somewhere in between. Muslims view marriage as a holy bond, but recognize the need for divorce in circumstances that compromise physical or mental health. Though it is easier for men to divorce than women, both have the right to divorce for reasons such as fighting, adultery, dislike or hatred and abandonment.

Instructions

1. Verbally speak or deliver a written statement saying "I divorce you" or "I am no longer your husband" to divorce your wife. The wife must hear or read the statement for the divorce to take effect. Husbands may not issue a statement of divorce during their wives' menstrual periods. In the Iddah of Al-Khul, the month following the divorce, men must support their wives financially, but the wife is not obligated to serve the husband any more. If husband and wife reunite during the Iddah of Al-Khul, the divorce is nullified. If husband and wife have never consummated their marriage, there is no Iddah period.

2. Explain reasons for divorce to a judge to divorce your husband. You don't need to see a judge if your husband gave you the right in the marriage contract to divorce through speaking or writing. In this case, simply divorce as described in the first step. Women should return all marriage gifts to the husband following the divorce statement.

3. Stay together for three months following the divorce, if desired. Husband and wife may not touch each other during this period, but may talk and attempt to reconcile. The divorce is nullified if husband and wife touch during this three-month period. If the couple doesn't reconcile during this period, they can't live together anymore.

Tips & Warnings

• Couples may only divorce three times. After the third divorce, the couple may not marry again.

• Divorce statements don't count if the issuing party was drunk or forced into it.

References

• IslamiCity; Women in Islam Versus Women in the Judaeo-Christian Tradition: The Myth and the Reality; Sherif Abdel Azim, Ph.D.
• Stanford University: At-Talaq (Divorce); Hossam Fahmy; November, 2001
• University of Southern California: The Book of Divorce (Kitab Al-Talaq)