Two Ways of Divorcing

TWO WAYS OF DIVORCING While staying in the bond of marriage is preferable, it must be conceded that life does not always function like a machine. Despite all safeguards, it sometimes does happen that a couple reaches a stage of such desperation that they become intent on separation. Here, the Shariah gives them guidance in that it prescribes a specific method for separation. The Quran expresses it thus: “Divorce may be pronounced twice, and then a woman must be retained honourably or released with kindness.” (2:229) This verse has been interpreted to mean that a man who has twice given notice of divorce over a period of two months should remember God before giving notice a third time. Then, he should keep his spouse with him in a spirit of goodwill or release her without doing her any injustice. This method of divorce prescribed by the Quran, i.e., taking three months to finalize it, makes it impossible for a man seeking divorce suddenly to cast his wife aside. Once he has said to his wife (who should not at this time be menstruating), “I divorce you,” both are expected to think the situation over for a whole month. If the man changes his opinion during this period, he can withdraw his words. If not, he will again say, “I divorce you” (again, his wife should be in a state of “purity”), and they must again review the situation for a further month. Even at this stage, the husband has the right to revoke the proceedings