Muslim Divorce FAQs

There are two types of Talaq in Islam:
1. Ṭalaq ar-Raj’i (Revocable divorce)
This is a form of divorce where the husband pronounces Talaq but can ‘cancel’ it during the iddah period, without the need for a new marriage contract for the couple to continue being married.
The marriage is not fully terminated until the iddah is completed.
It allows time for reconciliation and reflection before the divorce becomes final.

2. Ṭalaq al-Baaʾin (Irrevocable divorce)
This is a form of divorce where the marriage bond is immediately and fully severed once Talaq is pronounced.
The husband cannot ‘cancel’ it during or after the iddah period unless a completely new Nikah marriage contract is agreed and entered.
There are two types of baa’in:
Minor (baa’in sughra): The couple can remarry with a new Nikah contract and mahr.
Major (baa’in kubra): This refers to three separate divorces after which the couple cannot remarry unless the woman meets and marries another man, and that marriage ends naturally. Only then can she remarry her first husband.

The facility to have three divorces allows the couple two opportunities to reconcile and give the marriage another chance.
There is a limit to the number of times a couple can divorce and this is to ensure that the decision is taken seriously and to prevent men from abusing the divorce process to cause women emotional and psychological harm.
“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.” (Quran 2:229)

On the first pronouncement of Talaq, a wife enters her ʿiddah (waiting) period, which usually lasts for three menstrual cycles, or three lunar months for those who do not menstruate. During this time, the couple may reconcile, and the husband can revoke the divorce and resume the marriage. If this happens, the marriage continues, but the husband has used one of the three pronouncements of Talaq available to him.
If the husband does not revoke the Talaq, the divorce is completed, and both spouses are free to marry other people. If they wish to remarry each other, a new Nikah contract and a new mahr is needed. This process can happen twice, but if the husband issues Talaq a third time, the divorce becomes final and irrevocable (Talaq al-baa’in al-kubra). At that point, the couple cannot remarry each other.
The only circumstance in which they could remarry is if the woman were to enter a genuine new marriage with another man, which naturally comes to an end either through divorce or widowhood. This process is sometimes referred to as Halalah.
It is important to stress that Halalah must never be engineered or entered into with the sole intention of making it lawful for the original couple to remarry each other. Unfortunately, there are individuals who offer so-called ‘Halalah services’, entering into a sham marriage for this purpose. This practice is wholly rejected in Islamic teaching: it debases women, treats marriage as a tool rather than a sacred contract, and undermines the ethical principles of justice, sincerity, and dignity that underpin family life in Islam.

There are three ways of performing Talaq:
Ṭalaq Aḥsan (Most Preferred Method)
The husband pronounces one Talaq during a time when his wife is not on her monthly period, and the couple have not been intimate since her last period.
The wife then observes the ʿiddah or waiting period. If no reconciliation occurs during this time, the divorce is completed.
After the ʿiddah ends, the divorce is final but the couple may remarry each other if they choose, but only by entering into a new Nikah contract with a new mahr. They can only do this whole process three times after which they cannot remarry without an intervening marriage for the wife.

Ṭalaq Ḥasan (Acceptable Method)

The husband pronounces Talaq once a month for three months, in between the wife’s monthly periods.
This method is considered less preferred, as it removes the possibility of reconciliation before the divorce becomes binding.
The third pronouncement of Talaq results in an irrevocable divorce (Talaq al-mughallaẓah).
At this stage, the couple cannot remarry unless the woman were to enter a genuine new marriage with another man, which naturally comes to an end either through divorce or widowhood.

Ṭalaq al-Bidʿah (Innovated and Disapproved Method)
This refers to forms of divorce that go against the Prophetic guidance, such as:
Pronouncing divorce during the wife’s menstrual period,
Pronouncing divorce during a non-menstrual interval when the couple have been intimate, or declaring two or three divorces at once.
These methods are considered to be harmful and are disapproved of, as they disregard the ethical guidelines intended to allow reflection, fairness, and the possibility of reconciliation. There is a difference of opinion on whether a valid divorce is achieved this way and opinions from a trusted religious scholars would be needed.

There are two ways in which Talaq can be pronounced:
Talaq As-Sareeh (Clear and Explicit Wording) where the Talaq is considered to take effect, even if the husband did not intend it, but said clear words, such as ‘I divorce you,’ or ‘You are divorced.’ If it is the first or second divorce between the couple, it is revocable. If it is the third divorce, it will be their final and irrevocable divorce.
Talaq al-Kinayah (Ambiguous Wording) where the wording is not clear, such as ‘Go back to your family,’ ‘I have nothing to do with you now,’ or ‘You are free.’ The intention behind the statement made is of crucial importance. If the husband did not intend a divorce, it will not count as a Talaq.
‘Words that do not explicitly and clearly express the severing of marital bond require an intention or circumstantial indications, like the discussion of separation and divorce taking place. [Ibn ‘Abidin, Radd al-Muhtar]’
If the husband did intend divorce, this will cause his ambiguous statement to be classed as a Talaq al-baa’in or an irrevocable divorce as he was unclear with his words and misusing his position in which he could pronounce a divorce to emotionally abuse his wife.
In this case, the husband cannot revoke the Talaq during her ‘Iddah period and the couple need to have a new Nikah contract and mahr agreement if they want to remarry.

You do not need to have witnesses to a Talaq, although it would be preferrable to avoid disputes. Written forms of pronouncements of Talaq do not need witnesses either but it is important that any evidence is kept in case of dispute. The best approach is to ensure there are independent witnesses who can verify the Talaq.

A wife does not need to be present when a husband pronounces Talaq.

A Talaq can be given in writing and will take effect from the moment the written message is received by the wife.
In the Shafi’i school, written words of divorce require that the husband intends divorce at the time of writing. [Tuhfa al Muhtaj, Mughni al Muhtaj].
In the Hanafi school, clear and unambiguous writing constitutes a divorce. [Bada’i al-Sana’i]
In both legal schools, the husband’s signature on legal divorce documents prepared by a third party (including a court) is treated as a valid pronouncement of divorce, provided that:
a) he understands the contents of the documents and raises no objection, and
b) by signing, he intends to confirm the divorce.
This means a divorce application made to the English or Welsh family courts by the wife, and signed by the husband can constitute a Talaq in written form. If you are unsure about whether this applies, you should consult a scholar.

You do not need to go to a Shariah council for Talaq but may decide to ask for a certificate of a divorce from one to prove that a divorce has taken place. This is important for women who wish to remarry, or for other purposes such as inheritance where you wish to clarify who is and is not entitled to inherit from you.

This form of Talaq (where a husband pronounces divorce more than once at the same time) is highly discouraged in Islamic law, and men are strongly cautioned against it. Divorce should never be declared in anger or haste, as it is a serious decision with lasting consequences for the couple, their children, extended family, and the wider community.

The views of scholars and Shariah Councils differ on whether this is considered as three separate Talaq’s or just one Talaq.

Some scholars state that if a man pronounces three divorces at once, this counts as three separate Talaqs. This would amount to an irrevocable divorce, meaning the couple cannot remarry unless the woman enters into a genuine new marriage which naturally ends in divorce or death of the new husband.

However, some scholars take a different view. In the interest of preserving families and keeping open the possibility of reconciliation, they may treat three pronouncements made at the same time as one single divorce. This difference of opinion reflects the emphasis within Islamic law on justice, fairness, and the well-being of families.

The opinion of a trusted scholar should be sought to determine this.

The effect of a Talaq given in anger depends on the level of anger and how it affects awareness and self-control. For this reason, great caution should be taken when speaking in times of heightened emotions, particularly anger, and when using words related to divorce.

Mild anger

If the husband is angry but still fully aware of what he is saying and in control of his words and actions, most scholars agree that the Talaq will take effect and be valid.

Strong anger with awareness

If the anger is very intense, but he still knows what he is saying and understands the consequences of his words, scholars differ in opinion as to whether the Talaq will count as valid.

Extreme anger without awareness

If a man is so overwhelmed by anger that he loses awareness, loses control over his words, and does not comprehend what he is saying, many scholars hold that this state is comparable to temporary mental incapacity. In such cases, the Talaq is not valid and will not count.

The opinion of a trusted scholar should be sought to determine this.

The majority of scholars from the four main Schools of Thought are of the view that a Talaq pronounced when the wife is on her period does count. However, there is a group of scholars who say that it does not, and this is the view reflected in the legal rulings of some contemporary jurists.

The opinion of a trusted scholar should be sought to determine this.

Some scholars, such as those from the Hanafi School of Thought will say that the Talaq is valid and counts but others, such as Shafi’i scholars have said that it does not, as the husband would not be aware of what he is saying.                                 

The opinion of a trusted scholar should be sought to determine this.