Pre-Islamic Age of Ignorance: A man could divorce his wife whenever he wanted without asking her, and remarry her if he wished. The main reason for this was to prevent the woman from marrying others. However, there were other forms of divorce in Jahiliyyah.

Hul’ [432] : One of the forms of separation in the pre-Islamic era was hul. The woman would say, “Divorce me for such-and-such an amount of money” or “Divorce me,” and the husband would respond, “I have divorced you” or “I have divorced you” after the agreement was made. The woman was obliged to purchase the divorce by giving part of her dowry to her husband.

Amir b. ez-Zarîb married his daughter to his brother’s son, but when the girl said she did not want her husband, he separated them by returning the dowry given to his daughter.

Ila[434] : Another method of divorce during the Jahiliyyah period was “ila.” This involved swearing an oath not to approach the woman for one or two years.

Before Islam, the Arabs of the Hijaz region practiced ila as a method of divorce, similar to zihar. However, because the effect of this practice was spread over a long period of time, it was used more to pressure the woman and cause her distress. This is because the husband did not fulfill his marital duties towards his wife for one, two, or even more years, and he extended the period with a new oath. Since the marriage contract continued until the end of the ilâ, the wife could not find the opportunity to remarry and spent her days with a broken heart. ([435])

Zihar[436] : Another form of divorce in this period was zihar. It occurred when the husband likened his wife to a part of a woman’s body that was forbidden to look at.  In the pre-Islamic era, men would say, “You are like my mother’s back to me,” in accordance with their customs. The woman was considered divorced and could never return to her husband. Evs b. es-Samit, from the Ansar, made zihar to his wife, Havle bintü Malik, in anger, and as a result, the third and fourth verses of Surah Al-Mujadalah were revealed.

Along with these, we must also briefly discuss “iddet” for a clear understanding of the issue of divorce.

Iddet[437] : During the Jahiliyyah period, there was no designated period after divorce during which remarriage was prohibited. This lack of restriction could result in a woman giving birth to a child from her previous husband. This, in turn, led to disputes over lineage. Sometimes women would conceal their pregnancy from their new husbands in order to return to their previous husbands. ([438])

A woman whose husband died would wait a year as iddah. The period she spent waiting was pure torment for her. She would retreat to a dark corner of her house, wearing the most worthless clothes, and would not leave that place for a year. She was forbidden to wear perfume or various women’s clothes. At the end of this harsh imprisonment, the woman would be given animal dung. The woman would throw this dung in front of her or behind her. This situation is reported to us as follows.

Zaynab bint Abi Salama, from her mother Umm Salama, may Allah be pleased with her: “A woman’s husband died, and her relatives feared for the health of her eyes (due to her crying). They came to the Prophet, peace be upon him, to ask permission for the woman to apply kohl. (The Messenger of Allah) said: “No, do not apply kohl! In the days of ignorance, any one of you (when her husband died) would wait (for a year) in the worst clothes (or) in the worst part of her house. When a year had passed and a dog passed by her, she would throw a camel dung at it (and thus end her waiting period). Now, do not apply kohl to your eyes until four months and ten days have passed!”([439])

ISLAM: The religion of Islam limits divorce to three talaqs. After this, in order for the woman to remarry her former husband, it is a condition that she must first marry someone else in accordance with the proper procedure[440]. Other types of divorce are considered in two ways: whether it is possible to return to the marriage and whether it is in accordance with the Sunnah. Divorce that allows for the possibility of returning to the marriage is divided into two types: Ric’i and Bain. Conformity to the Sunnah is examined in two stages: Sunnah([441])and bid’i([ . Since detailed information can be found in relevant fiqh books, we will limit ourselves to providing information about whether or not it is possible to return after divorce.

Ric’i divorce is a form of divorce that allows the man to return to married life without the need for a new marriage contract or a new dowry. Returning from this divorce is possible after the first or second divorce and before the end of the waiting period. Upon the end of the waiting period, ric’i divorce becomes bain divorce. The following conditions are required for a divorce to be considered of this type:

  • Divorce performed after sexual intercourse
  • Divorce pronounced using words that have no other meaning and are used solely for the purpose of divorce
  • Not having divorced with three talaqs

Bain divorce is a type of divorce that does not allow the marriage to continue unless a new marriage contract is made with a dowry. For this, there must be two divorces. This divorce is divided into two types: minor and major. Minor separation allows for the possibility of reconciliation during the waiting period or later with a new marriage and a new dowry. Major separation is called ” ” when the man divorces his wife with three talaqs at once or at separate times. In this case, the woman is not allowed to return to her former husband unless she marries someone else and divorces them. The following conditions must be met for this type of divorce:

  • Divorce before sexual relations
  • Divorce using words that imply sarcasm, violence, or exaggeration[443]
  • Divorce performed upon the woman’s request with the determination of a price

Islam’s responses to other forms of divorce are as follows:

Hul: If you fear that the woman and her husband will not be able to observe the limits set by Allah, there is no harm in the woman paying her husband a ransom to divorce her. These are the limits set by Allah, so do not transgress them.

When hul is performed, the woman is divorced by bain talak.

Ila: Those who swear not to approach their wives may wait four months. If they return from their oath, there is no doubt that Allah is Forgiving and Merciful. If they decide to divorce, there is no doubt that Allah is All-Hearing and All-Knowing.    

If the husband is with his wife during this period, the oath must be expiated; if he makes a vow, it must be fulfilled. If he does not return within the specified period, the woman is considered divorced by bain talak.

Zihar: Those who wish to separate from their wives through zihar and then retract their words must free a slave before having contact with their wives. This is what you are advised to do. Allah is aware of what you do. Those who cannot do this must fast continuously for two months before having contact. Those who cannot do this must feed sixty poor people. This leniency is because you believe in Allah and His Messenger; these are the limits set by Allah. For those who deny, there is a severe punishment. 

According to this verse, it is forbidden for a man who has committed zihar to have sexual relations with his wife until he has paid the expiation. If the man who has committed zihar refuses to pay the expiation, he is ruled to be divorced. [447]

Idda: There are five types depending on the situation and circumstances.

1- The iddah of a divorced woman:

a) Divorce after consummation: Divorced women observe themselves for three menstrual cycles. [448]

b) Divorce before consummation: O believers! If you marry believing women and then divorce them before consummation, you need not wait for their waiting period.

. Release them with kindness and generosity. [449]

2- Iddah for minors and the elderly: If you have any doubt about those of your wives who have ceased menstruating or those who have not yet menstruated, their waiting period is three months. 

3- The waiting period for a pregnant woman: …The waiting period for pregnant women is until they give birth. Whoever fears Allah, Allah will make things easy for them in their affairs.

4- The waiting period for a woman whose husband has died: Those of you who die and leave behind wives, they shall observe a waiting period of four months and ten days. When they have fulfilled their waiting period, you shall not be held accountable for what they do lawfully. Indeed, Allah knows what you do. [452]

5- The waiting period for a woman whose husband is missing: The wife of a man whose whereabouts are unknown and from whom no news has been received must wait four months and ten days after the death of men of his age. [453]

IN TODAY’S WORLD:

Hul: It is common today for women who are influential among the so-called elite class to give money to their husbands to prevent them from causing trouble during divorce.

Ila: It has been a common practice to make sexual relations with one’s spouse conditional upon an oath. Islam limits the duration of this oath to four months. People may have sworn to stay away from their spouses due to    a family argument turning into a fight or due to a momentary outburst of anger for any reason. Therefore, many Muslims who are ignorant about the importance, conditions, and validity of marriage do not know that having sexual relations within four months requires expiation, and that not retracting their words after more than four months is grounds for divorce.    

Zihar: Although it is stated that Allah did not create two hearts in a person’s chest cavity, nor did He make your wives, whom you have subjected to zihar, your mothers [454], in our country, as in the customs of the Arabs who say, “You are like my mother’s back to me,” there are also expressions such as “May my mother be my wife” that contain the intention of an oath.

Iddet: Unfortunately, today there are those who do not pay attention to the manner of divorcing women, as well as those who do not observe the period that must pass before a woman can remarry. However, iddet has wisdom in it, such as preventing abuse, allowing the parties to resume their married life while the divorce is still in effect, and eliminating the possibility of the woman becoming pregnant by her former husband.

[431]  Talak means to untie or release in the dictionary. In religion, it means to dissolve and remove the bond of marriage with certain words.

[432]  Hul means to remove or eliminate in the dictionary. In religious terms, it means that the woman or her guardian agrees on a specific amount of money and, in exchange for this amount, the husband’s divorce is secured.

[433]  Ibn Hajar, Fath al-Bari IX, 346

[434]  In the dictionary, it means to swear an oath. In religious terms, it refers to a man swearing an oath not to approach his wife for four months or more.

[435]  Ömer Nasuhi Bilmen, Hukuk-ı İslâmiyye ve Istilâhât-ı Fıkhıyye Kamusu, 1968, II 290-310

[436]  The word zihar is derived from the word zahr, which means back in the dictionary. In fiqh, it refers to a husband comparing his wife or a part of her body, such as her face or head, or a quarter or a third of her body, to a part of his body that is permanently forbidden to him in marriage.

[437]  Idda means “to count” in the dictionary.  In religion, it refers to the period a woman must wait before remarrying after the end of her marriage due to death, divorce, or annulment.

[438]  Taberî, Jami’ al-Bayān, II, 449

[439]  Rudani, Great Hadith Collection, Cem’ul-fevaid, Iz Publishing: 2/307

[440]  This situation is called hulle. Sexual intercourse must definitely have taken place in the marriage.

[441]  This refers to the form of divorce that is in accordance with the Sunnah.

[442]  This refers to the form of divorce that is not in accordance with the Sunnah.

[443]  According to the Shafi’i school of thought, it is not bain but ric’i divorce.

[444]  Surah Al-Baqarah, Verse 229

[445]  Surah Al-Baqarah, verses 226–227

[446]  Surah al-Mujadilah, verses 3–4

[447]  Al-Ihtiyar, 1/161

[448]  Surah Al-Baqarah, Verse 228

[449]  Surah Al-Ahzab, Verse 49

[450]  Surah At-Talaq, Verse 4

[451]  Surah Al-Talaq, Verse 4

[452]  Surah Al-Baqarah, Verse 234

[453]  Al-Fiqh al-Islami, 7/643. According to the Maliki and Hanbali schools of thought, once four years have passed since the disappearance of the person and hope for their life has been lost, their spouse may request confirmation of their disappearance and a decision on separation. Upon this confirmation, when the spouses separate, they wait four months and ten days for the death waiting period.

[454]  Surah Al-Ahzab, Verse 4