Divorce has been a matter of debate throughout history, both in its religious and social dimensions. Islam regulates divorce by setting certain rules and periods, aiming to protect the rights of both men and women. However, traditional interpretations and sectarian (madhhab) understandings have, over time, distorted these rules and created a different practice. In this article, we will examine the differences between the Qur’anic rulings on divorce and the practices of the madhhabs.
According to the Qur’an, divorce is a process that occurs under certain conditions and within specific time periods. Divorce is not something to be done hastily or through a few words spoken in anger, but rather an event that must be carried out thoughtfully, with the rights of both parties taken into account.
Verses 226 and 227 of Surah Al-Baqarah state that those who swear not to approach their wives must wait for four months, and that during this period reconciliation is possible if they return. If they decide firmly to divorce, this decision must also be taken carefully.
> “For those who swear not to approach their wives is a waiting period of four months. If they return, indeed Allah is Forgiving and Merciful. But if they resolve upon divorce, then indeed Allah is Hearing and Knowing.” (Al-Baqarah 2:226–227)
The Qur’an, in verse 228 of Surah Al-Baqarah, explains the rights of both men and women in the divorce process in a balanced way:
> “Divorced women shall wait by themselves for three menstrual periods. And it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. Their husbands have the right to take them back within that period if they desire reconciliation. And women have rights similar to those against them, according to what is equitable. But men have a degree over them. And Allah is Almighty, All-Wise.”
This statement shows that divorce is not solely under the initiative of the man; rather, it indicates that both parties have rights. However, traditional understanding has ignored this equality and placed women in a passive position.
> “Divorce is twice. Then, either keep them in an honorable manner or release them with kindness. And it is not lawful for you to take back anything of what you have given them, except when both fear that they cannot keep within the limits of Allah. But if you fear that they will not keep the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah—those are the wrongdoers. And if he divorces her [a third time], then she is not lawful to him afterward until she marries a husband other than him. And if the latter husband divorces her, there is no blame upon them for returning to each other, if they think that they can keep within the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.” (Al-Baqarah 2:229–230)
Verses 229–230 of Surah Al-Baqarah indicate that divorce can occur twice, and a third divorce makes reconciliation only possible if an intermediate marriage occurs. This shows that the third divorce is a serious boundary intended to prevent harm.
However, with the concept of “triple talaq,” the understanding that saying “I divorce you three times” at once immediately ends the marriage has emerged. This practice contradicts the spirit of the Qur’an.
The Qur’an allows time for reflection and reconciliation, while such hasty practices contradict its essence.
Verse 230 also states that after a third divorce, the couple cannot remarry unless the woman marries another man. This ruling is not meant to demean the woman, but to emphasize the seriousness of marriage. However, some sectarian interpretations have turned this into a practice called “hulla,” where a woman is temporarily married to another man and then divorced immediately.
Hulla is a serious moral issue. While the Qur’an aims to establish marriage on love and mercy, hulla treats women as a means to an end.
Traditional madhhab interpretations have relied on hadith and narrations rather than the Qur’an. For example, the Hanafi school considers divorce valid even if said in anger or under pressure, and in such cases the couple cannot remarry easily.
The practice of hulla has become institutionalized through fatwa systems, sometimes turning into a financial system involving religious authorities.
Such practices show a deviation from the essence of religion and create systems that harm people.
To develop a healthy approach to divorce:
- The Qur’an should be the primary reference, and madhhab interpretations should be critically examined.
- Practices like hulla should be abandoned, and marriage should be restored to a dignified institution.
- Women’s rights in divorce should be protected within the framework of the Qur’an, resisting patriarchal interpretations.
The Qur’an aims to ensure justice by safeguarding the rights of both parties in the divorce process. However, traditional interpretations have disrupted this balance by limiting or denying women’s rights.
Denying women the right to divorce leads to serious consequences such as psychological abuse, economic dependency, sexual exploitation, and emotional suffering. Women may remain trapped in unhealthy or dangerous relationships.
Consider a marriage between a woman with schizoid personality disorder and a man with antisocial personality disorder. A schizoid woman may struggle with emotional connection, avoid intimacy, and withdraw socially. An antisocial man may lack empathy, lie, manipulate, and engage in harmful behaviors.
In such a case, the marriage may become extremely harmful for the woman. If she has no right to divorce, or if her right is restricted, serious consequences may occur:
Physical and psychological exhaustion
Development of PTSD and other disorders
Negative behavioral effects on children
Crisis of faith due to perceived injustice
The Qur’an does not promote the continuation of harmful or oppressive marriages, but rather relationships based on mercy and peace.
If a system denies a woman the right to divorce, it leads to injustice and violates the principles of the Qur’an.
A proper understanding of religion should be Qur’an-centered and allow women to make decisions freely.
Otherwise, religion may be perceived as a source of suffering rather than justice.
In conclusion, divorce should not be rushed, but considered carefully. The principles of justice and equality in Islam should guide family life.
Those who claim that women do not have the right to divorce must answer this question:
Would you marry your daughter to someone with antisocial personality disorder?
If you discovered that her husband had such a disorder, would you want her to remain in that marriage simply because he is mentally competent?
Would you want your daughter to suffer or be harmed?
