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Taking an Oath of Divorce
It is not permissible for the Muslim to take an oath of divorce, vowing that if a particular event does not occur
his wife will be divorced, or to threaten her by saying that if she does this or that particular thing she will be
divorced. In Islâm an oath may be expressed only in one specific manner, that is, in the name of Allâh alone;
apart from this, no other form of oath-taking is permitted. The Prophet (s.a.w.s.) said, “Anyone who swears
by (anything) other than Allâh has committed shirk,‘‘ (Reported by Abû Daoud, al-Tirmidhî,and al-Hakim.)
and, “Whoever wants to take an oath should take it in the name of Allâh or keep silent.” (Compiled by
Muslim.)
Where the Divorcee Resides During the Waiting Period
The Islâmic Shari‘ah requires that the divorced woman remain in her home, that is to say, her husband’s
house, for the duration of her ‘iddah (waiting period). It is no/permissible for her to move from the house, as
it is likewise not permissible for her husband to evict her without a just cause. This requirement leaves the
way open, during the ‘iddah following a first or second pronouncement of divorce (In the Islâmic Shari‘ah the
pronouncement of divorce by the husband constitutes a complete act of divorce in itself, to be followed by
the required ‘iddah or waiting period. In order to simplify the discussion, the word divorce is here used to
denote the divorce pronouncement, i.e., the act of divorce itself (Trans.)), for the husband to revert to his
wife without the requirement of remarriage. Her presence in the same house with him makes it quite
probable that the mutual sympathy and love between them may be rekindled, while if she is pregnant the
passing of mwill make her pregnancy obvious, which may be a further inducement to him to change his
mind. In any case, ample time is at their disposal to rthe whole situation. With the healing effect of time,
feelings of antipathy may give place to affection and reconciliation, and the revitalization of their love may
occur....And fear Allâh, your Lord. Do not turn them out of their houses, nor shall they leave (of their own
accord) unless they commit some clear immorality; and these are the limits set by Allâh. And whoever
transgresses Allâh’s limits indeed wrongs his own soul. Thou knowest not; it may be that Allâh will
afterwards bring some new thing to pass. (65:1)
If then they must separate, it should be done with dignity and kindness, without mutual abuse, injury,
recrimination, or infringement of rights. Says Allâh Ta‘ala:...Either retain them in kindness or part with them
in kindness....(65:2)...Then (either) retain her in honor or release her with kindness....(2:229) For divorced
women a provision (shall be made) in kindness, a duty for those who are conscious of Allâh. (2:241)
Repeated Divorce
The Muslim is allowed three chances, that is to say, three pronouncements or acts of divorce on three
different occasions provided that each divorce is pronounced during the time when the wife is in the period
of purity and he has had no intercourse with her
A husband may divorce his wife once and let the ‘iddah pass During the period of ‘iddah the two have the
option of being reconciled without the necessity of remarriage. If, however, this waiting period expires
without reconciliation, they are now fully divorced. Each of them is free to marry someone else or to remarry
each other; should they want to remarry each other, a new marriage contract is required.
If after the first divorce the husband is reconciled with his wife but later the hostility and conflict begin all over
again, all efforts at reconciliation and arbitration resulting in failure, he may divorce her a second time in the
same manner as described above. In this case, too, he can return to her during the ‘iddah without
remarriage, or after the ‘iddah has expired through a new marriage contract.
But it may happen that although he is reconciled with his wife again after the second divorce‘ he may later
divorce her for the third time. This will then be a clear proof that the hostility between the two of them runs
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very deep and that they are incapable of living together. If this third divorce takes place, it is not permissible
for the husband to return to his wife during her ‘id d ah, nor may he remarry her after the ‘iddah unless she
has been married to another man, to live with him as a permanent and true wife, and he then subsequently
divorces her. It is, however, totally prohibited for the other man to marry and divorce her simply in order to
make her halal for her first husband.
Those Muslims who utter three divorce pronouncements at one time or in one statement are rebels against
Allâh’s law and are deviating from the straight path of Islâm. Once the Prophet (s.a.w.s.) was informed about
a man who had pronounced three divorces at one time. He got up in anger, saying, Is sport being made of
the Book of Allâh while I am (yet) among you? As a result, a man stood up and said, O Messenger of Allâh,
shall I not kill him? (Reported by al-Nisai.)
Reconciling Honorably or Separating with Kindness
When the husband has divorced his wife and the period of ‘iddah i6 passing, he has two alternatives: either
to reconcile with her honorably—that is, to return to her with the intention of living in peace and harmony,
and not in order to torment or harm her—or to free her and part with her in kindness by allowing the iddah to
expire without arguments and harsh words, and without setting aside any of their mutual rights.
It is not lawful for him to return to her just before the ‘iddah is due to expire in order to torment her by
prolonging the waiting period, thus depriving her of the opportunity to marry someone else. This was what
was done in the period of jahiliyyah. Allâh Ta‘ala then prohibited this injury to women in a very decisive
manner, using a style of expression which makes the heart quake: And when you have divorced women and
they have fulfilled the term (of their ‘iddah), either retain them honorably or release them honorably; but do
not retain them in order to injure them, for this is transgression, and whoever does this has wronged his own
soul. And do not take the revelations of Allâh in mockery, but remember Allâh’s favor upon you and what He
has sent down to you of the Book and the Wisdom, to instruct you by means of it. And be conscious of Allâh,
and know that Allâh is aware of everything. (2:231)
A little reflection upon this noble ayah of seven phrases, containing warning after warning, reminder after
reminder, ought to be sufficient for anyone who has any feeling in his heart or any hearing when it is recited.
The Divorced Woman’s Freedom to Remarry
After the expiration of the divorced woman’s ‘iddah, neither her ex-husband, guardian, nor anyone else can
prevent her from marrying anyone she chooses. As long as she and the man who proposes to her follow the
procedure required by the Shari‘ah, no one has the right to interfere. What some men of today do in
attempting to prevent their ex-wives from remarrying, intimidating them and their families, is in fact
something pertaining to jahiliyyah; likewise, what some families or guardians of divorced women do to
prevent them from returning to their husbands when they want to be reconciled, as indeed “Peace is better,”
(4:128) is also of jahiliyyah. Allâh Ta‘ala says: And when you divorce women and they complete their term
(‘iddah), do not prevent them from marrying their (former) husbands if they agree among themselves in an
honorable manner. This is to instruct those among you who believe in Allâh and the Last Day. That is more
virtuous and pure for you; and Allâh knows and you do not know. (2:232)
The Woman’s Right to Demand Divorce
The woman who cannot bear to live with her husband has the right to free herself from the marriage bond by
returning to her husband the mahr (required marriage gift) and gifts he has given her, or more or less than
that according to their mutual agreement. It is, however, preferable that he should not ask for more than he
has given her. Allâh Ta‘ala says:...And if you (the judges) fear that the two may not be able to keep to the
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