Divorce, Based on Quran

From a reading of the Quran we learn that God does not favour divorces and in fact encourages the continuation of marriage. God has imposed prohibitions on certain category in marriage.

However for those who comes to know of these prohibitions afterwards are commanded not to break existing marriages – see 4:22-23.

Divorce must be resorted to only in exceptional circumstances. The laws relating to divorce together with the relevant verses from the Quran are given below:

• Appoint an arbitrator - [4:35]
• Wait 4 months cooling off before divorce – [2:226-227]

If the estranged couple chooses separation they must go through with it equitably. There must be two equitable witnesses witness the divorce before GOD. As per [65:2]

• Divorced women to observe an interim period [2:228, 65:4-5]
• Exception for observing interim period [33:49]

After the fulfilment of the interim the divorced women is free to do whatever she wants

Although the following verse is in context of widows, it appears to be applicable to a divorcees too.

• You Shall Observe the Pre-Marriage Interims – [2:234, 2:235]

Divorced women have to be provided for. This is probably one of the abused laws in the Quran.

But God holds us responsible for our innermost thoughts. If one observes God’s laws then God makes it easy for him / her. As per [65:7]

• Alimony For Widows and Divorcees [2:240, 2:241]
• Compensation when marriage is not consummated
  • Breaking the Engagement [2:236, 2:237]
• Divorced women entitled to stay in the same house she stayed before divorce
  • Do Not Throw the Divorcees Out Onto the Streets [2:231, 65:6]

• Divorce can be retracted twice: [2:229, 2:230. 2:232]

Also note the words “It is not lawful for the husband to take back anything he had given her.” in 2:229.

• In case there is a baby during the interim: [65:4, 2:233]

• Under what conditions can a woman divorce her husband.?

Whichever party chooses for divorce must obey the laws as aforesaid. Normally divorce is mutually decided by the couple. If the aforesaid laws are observed, there could be a situation where either of the spouse may not give their consent but if the arbitrators from both the families decide that divorce is the best solution for the estranged couple then they would, nevertheless go through divorce. The divorce laws are applicable to both man and woman (4:35 and 2:237 indicate this) except that there are certain additional laws which a divorced woman has to observe.

The following seem to be the only conditions where a believing women leaves her husband without observing the above laws. In fact, I think in this case even a formal divorce is not required under Quran. However if the law of the land requires a formal divorce then one must follow suit.

Also see [60:10]

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