Divorce Is Easy In Islam

It is generally held that divorce in Islam is very easy; a man only has to say to his wife: You’re divorced, ́ three times and its all over.

1 – In reality, divorce is not that easy in Islam.

There are conditions which must be fulfilled even before its proceedings can begin.

Firstly, divorce cannot be pronounced while a woman is menstruating.

Prior to the beginning of the menstrual cycle, many women suffer mood swings and become cranky. The biological changes in their systems cause psychological changes that are commonly known as PMS (premenstrual syndrome). In order to ensure that the cause of the husband pronouncing divorce is not a product of behavioral changes brought on by PMS, divorce pronouncement during menses is prohibited.

Secondly, the divorce cannot be pronounced during a period between menses in which the couple has had sexual relations.

The rational being that if the man cared enough about the woman to have sexual relations, he needs to reflect about his decision more before going ahead. He will have to wait until after the woman’s next menses ends, before he can pronounce divorce.

2 – The pronouncement is considered invalid if the man was in such a rage that he did not know what he was saying.

This is based on the Prophet’s statement:

“The divorce pronouncement is not valid at the time of [mental] seizure.”

3 – After the pronouncement, the divorce does not come into effect until the woman has had three subsequent menstrual cycles.

The first cycle is to insure that she is not pregnant and the second two are further opportunities for reconciliation. She is not supposed to leave her home as is common among Muslims today. The husband is required to continue to maintain her until the waiting period [μiddah] ends.

4 – If a woman is pregnant at the time of the pronouncement, her H’iddah (waiting period) is until she has delivered her child. This principle gives the maximum amount of time for reconciliation in order for the welfare of the child to be reflected upon.

5 – In the final analysis, divorce proceedings are somewhat easier than in many Western countries [a notable exception being the well known “Mexican divorce” which can be concluded in a matter of minutes].

The theory being that marriage in Islam is primarily a contract and not a sacrament as originally perceived in the West where it was considered unbreakable [and remains as such among Catholics]. Consequently, if the contract was entered into with a verbal statement of “I do,” and witnesses, it should be dissoluble with the statement “I don’t,” and witnesses.