Divorce in Islam and Types of Divorce in Islam

Hi all readers! Are you looking for an explanation of divorce in Islam and types of divorce in Islam? If your answer is "Yes", congratulations! Now you are reading the right article. Why? Because that is what I will explain in this article. As Muslims, we must understand that. That's why I wrote this article. So, you have to read it to the end.

Specifically, there are nine important things about divorce in Islam and types of divorce in Islam which I will explain in this article. The nine important things I mean are as follows:

What Does Divorce Mean in Islam?

The first important point about divorce in Islam and types of divorce in Islam that I will explain now is “what does divorce mean in Islam?”. I want you to understand that first because that is the basic thing about this discussion that must be understood very well. In addition, there are some Muslims who do not understand it well.

Specifically, if you want to know "what does divorce mean in Islam??", then understand the definition of divorce as follows:

حَلُّ عَقْدِ النِّكَاحِ بِلَفْظٍ صَرِيْحٍ أَوْ كِنَايَةٍ مَعَ النِّيَّةِ

Cancel the marriage contract (aqd an-Nikah) with clear or unclear words (satire or parable) with niyyah for divorce.

If we understand the definition of divorce, then we can conclude that divorce in Islam is annulling the marriage with clear words, such as "I am divorcing you", or with unclear speech (innuendo or parables), such as "you are like my mother", with niyyah for divorce.

That is a brief explanation of "what does divorce mean in Islam?". As Muslims, we must understand that.

What Are the Rules of Divorce in Islam?

The second important point about divorce in Islam and types of divorce in Islam that I will explain now is “what are the rules of divorce in Islam?”. I want you to understand that because it is important to understand whether the divorce that a husband gives to his wife is legal or not.

If we read some Islamic legal literature on divorce, we will find an explanation that there are two rules for divorce in Islam:

• Tthe husband who gave the divorce was baligh, not forced, and conscious.

The first divorce rule is that the husband who gives the divorce is baligh (adult), is not forced to divorce, and is aware that it is a divorce. In other words, if your husband is immature, then he cannot divorce you. If your husband is forced or unconscious, then the divorce is invalid, unless the court is forcing it.

• The divorced wife in a chaste condition and not after sex.

The second rule of divorce is that the divorced wife is in a chaste condition and not after sex. In other words, if you are in an impure condition, such as if you are menstruating or postpartum, or if you have had sex with your husband, then the divorce is legal but it is haram: your husband should not give you a divorce if you are menstruating, postpartum, or after sex.

That is a brief explanation of "what are the rules of divorce in Islam?". As Muslims, we must understand that.

Types of Divorce in Islam

The third important point about divorce in Islam and the types of divorce in Islam which I will explain now is types of divorce in Islam. I want you to understand that because there are some Muslims who don't understand it well and completely.

In general, we can understand the types of divorce in Islam in two ways:

1. Permissible divorce and permissible divorce.
2. Irrevocable divorce and irrevocable divorce.

The types of divorce that are permissible and those that are not allowed are as follows:

• Sunnah divorce or sunni divorce.

What is meant by sunnah divorce or sunni divorce is divorce that is carried out under permissible conditions, such as when the wife is not menstruating, and not after sex.

• Bid'ah divorce or bid'i divorce (divorce done under conditions that are not allowed).

What is meant by bid'i divorce is a divorce carried out under conditions that are prohibited in Islam, such as when the wife is menstruating.

That is a brief explanation of "types of divorce in Islam". As Muslims, we must understand that.

When Divorce Is Not Valid in Islam?

The fourth important point about divorce in Islam and types of divorce in Islam which I will explain now is “when divorce is not valid in Islam?”. I want you to understand that well because not all divorces that a husband gives to his wife are valid divorces.

In general, if we read several Islamic legal literatures, we will find an explanation that the conditions for a valid divorce are if the adult husband is consciously and not forced to pronounce divorce (clear or parable) with niyyah to divorce. If the husband does that, then the divorce he pronounces is a legal divorce.

In other words, if you ask me, “when divorce is not valid in Islam?”, then, the answer is as follows:

• If the husband who pronounces divorce is not yet an adult (not baligh).
• If the husband is forced to pronounce divorce and the force is not the court.
• If the husband unknowingly pronounces divorce.
• If the sentence for divorce is spoken not with niyyah for divorce or not with niyyah for divorce.

That's a brief explanation of "when divorce is not valid in Islam?". As Muslims, we must understand that.

Can You Give Divorce by Text?

The fifth important point about divorce in Islam and types of divorce in Islam which I will explain now is “can you give divorce by text?”. I want you to understand that because there are some Muslims who do that and there are some other Muslims who don't understand it very well.

In general, divorce is given by a husband to his wife with words. An example is when a husband says to his wife, “I am divorcing you.” Speech is something that is clear and can be understood well. But not with text. According to the majority of Islamic jurists, the text is not a clear expression. Text is another form of expression and has the disadvantage of not being able to be understood clearly.

Thus, the divorce given with the text will be valid if there is a niyyah for divorce. In other words, if you write a divorce sentence to your wife with niyyah for divorce, then the divorce is valid. But if there is no niyyah for divorce, then it is invalid.

That's a short explanation of “can you give divorce by text?”. As Muslims, we must understand that.

Can You Give Divorce Over the Phone?

The sixth important point about divorce in Islam and types of divorce in Islam that I will explain now is “can you give divorce over the phone?”. I want you to understand that because it is one of the important questions in this discussion.

If we read some Islamic legal literature about giving divorce by telephone, then we will find an explanation that the majority of Islamic jurists are of the opinion that it is legal if there is a niyyah for divorce, is not forced, is aware that it is divorce, and the husband who does it is an adult husband (baligh). The reason is because divorce does not require witnesses like marriage, and the annulment of the first and second divorces.

That's a brief explanation of "can you give divorce over the phone?". As Muslims, we must understand that.

Can You Give Divorce During Pregnancy?

The seventh important point about divorce in Islam and types of divorce in Islam which I will explain now is “can you give divorce during pregnancy?”. I want you to understand it well so that you have a complete understanding of our discussion.

Before I explain more about "can you give divorce during pregnancy?", I will quote a hadith that is specifically related to our discussion. The hadith I mean is as follows:

عَنْ عَبْدِ اللهِ بْنِ عُمَرَ رَضِيَ اللهُ عَنْهُمَا : أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ [تَطْلِيْقَةً وَاحِدَةً] ، فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللهُ عَنْهُ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ ذَلِكَ ، (فَتَغَيَّظَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثُمَّ) قَالَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ : (مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ، ثُمَّ تَحِيْضَ ، ثُمَّ تَطْهُرَ ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ ، وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ ، فَتِلْكَ الْعُدَّةُ الَّتِيْ أَمَرَ اللهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ . مُتَّفَقٌ عَلَيْهِ . وَفِيْ رِوَايَةٍ لِمُسْلِمٍ قَالَ : مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلًا

From Abdullah ibn Umar radiyallahu anhuma, that he had divorced his wife when she was menstruating during the time of Allah's Messenger (Prophet Muhammad) sallallahu alaihi wa sallam (divorced one). Umar bin Khattab radliyallahu anhu then asked the Messenger of Allah (Prophet Muhammad) salallahu alayhi wa sallam about it, (Allah's messenger sallallahu alayhi wa sallam then got angry). Then Allah's Messenger said, "Tell him to return to his wife (announce the divorce), then tell him to keep her until she is pure (ends menstruation), then she has a second period, then she is pure (ends menstruation). second). Then if after that he wants to defend her, then he may defend her. If he wants to divorce her, then he may divorce her. Those are the rules about divorcing wives that Allah has commanded.” This hadith was narrated by al-Bukhari and Muslim. In a Muslim narration explained (another hadith editor), "Tell him to return to his wife and then divorce her in a holy state or pregnant."

All readers! If we understand the hadith above, then we can conclude that you can give divorce while pregnant.

That's a brief explanation of "can you give divorce during pregnancy?". As Muslims, we must understand that.

Can You Give Divorce During Ramadan?

The eighth important point about divorce in Islam and types of divorce in Islam that I will explain now is “can you give divorce during Ramadan?”. I want you to understand that because there are some Muslims who don't understand it very well.

Before I explain more about “can you give divorce during Ramadan?”, I want to explain that Ramadan is one of the noble months in Islam. Supposedly, Muslims do a lot of good during Ramadan. Divorce is something that is lawful but very hated by Allah.

In Islam, divorce can be done at any time unless the wife is menstruating or after sex. Not a certain month to do a divorce. So you can divorce during Ramadan if your wife is not menstruating or after sex. That's the answer.

That's a brief explanation of "can you give divorce during Ramadan?". As Muslims, we must understand that.

Can You Give Divorce in Anger?

The ninth important point about divorce in Islam and types of divorce in Islam which I will explain now is “can you give divorce in anger?”. That is one of the important questions on the topic of this discussion because some Muslims give divorce when they are angry.

One important thing I want to say again, that divorce can be done in any conditions except when the wife is menstruating and after sex. If all the conditions for the divorce are perfect, then the divorce is valid.

So, if you ask me, “can you give divorce in anger?”, then what must be understood is, are you a mature husband? Are you aware that what you are doing is getting a divorce? Aren't you forced to do that (unless it's the courts)?

If you are angry, you are a mature husband, you understand that what you are doing is a divorce and you are not forced to do it (unless the court is forcing it), then the divorce you give in anger is a valid divorce.

That's a brief explanation of "can you give divorce in anger?". As Muslims, we must understand that.

That's a brief explanation of divorce in Islam and types of divorce in Islam and some important things about it. Do you understand? If you want to ask, please ask.

I think that's enough for this article. Hope it is useful. Amen.

See you again in the next article.