3. The Proper Divorce Procedure

In Islamic law, marriage is regarded as the fundamental and preferred relationship between a man and a woman. Divorce is permitted only in cases of extreme and exceptional necessity, not as a common practice.

Therefore, there is a narration from ‘Abdullah ibn ‘Umar stating that the Messenger of God (SAW) said:

“The most disliked of permissible things to God is divorce.” (Sunan Abi Dawud, Hadith No. 2178)

The Quran teaches that if a husband and wife reach a situation in which they wish to separate through divorce, it should not take place through an immediate and final separation. Instead, the Shariah prescribes a specific and gradual procedure. This method is described in the Quran as follows:

“Divorce may be pronounced twice, and then a woman must be retained honourably or released with kindness.” (Quran, 2:229)

The idea of divorce usually arises in a moment of anger. A husband may become upset by something his wife says, an argument may follow, intensify, and in a moment of rage, he may say, “I divorce you.” However, according to Shariah, divorce is finalized only after three separate pronouncements, each separated by a specific period of time: one pronouncement in each of two months, and in the third month, either a final pronouncement or reconciliation.

This system exists because anger is a passing impulse. With the passage of time, anger subsides, and the thought of divorce may also fade. In other words, the purpose of this procedure is to prevent divorce or discourage it rather than allow it to become immediate and irrevocable.

Some Muslims, however, pronounce three divorces in a single sitting. This is clearly a misuse of the law. During the caliphate of ‘Umar al-Faruq, when certain people acted in this manner, ‘Umar ordered that they be flogged. (Sunan Sa’id ibn Mansur, Hadith No. 1073)