Conditions of a Proper Divorce
How is marriage (nikah) duly terminated?

The Glorified Allah describes a proper divorce as follows in the Surah At-Talaq:

“O Prophet, when you [Muslims] divorce women, divorce them by regarding their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.

And when they have fulfilled their term, either retain them according to acceptable terms (maruf) [1] or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah. That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah – He will make for him a way out.

And will provide for him from where he does not expect. And whoever relies upon Allah – then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.” (At-Talaq/ The Divorce 65:1-3)

 

The waiting period is three clean periods of the woman, or three months for women having irregular periods.

The divorce words MUST be pronounced

1- In the presence of two witnesses AND

2- While the woman is NOT on her menstruation period AND

3- In that clean period of the woman, the spouses MUST NOT have had intercourse.

Only then, counting the waiting period may begin. If the man returns to his wife within the waiting period, they can come together without needing a new nikah.

Marriage is finalized in case of a divorce as described in these verses. You may have further information in our following articles:

http://www.islamandquran.org/fatwas/talaq-mens-right-to-divorce2.html

http://www.islamandquran.org/fatwas/the-womens-right-to-divorce-iftida.html

[1] Maruf is something known well. That knowledge comes from the tradition, laws or Holy Scriptures. That knowledge must conform to Qur’an and Messenger’s Teachings.

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Date: Jun 1, 2017