The Lawful and Unlawful Divorce is Permissable and not Hated

Often times when a man and woman marry they find themselves not compatible. This was the case with Zaid and Zaynab. To remedy this Allah made Divorce lawful ● Muslims today need to understand that everything Allah made lawful is good and clean and Allah only hates the things he made haram: ● "(But) the things that my Lord has indeed forbidden are Al-Fawahish (great evil sins, every kind of unlawful sexual intercourse, etc.) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allah for which He has given no authority, and saying things about Allah of which you have no knowledge." [Quran 3:31] ● Divorce is lawful so it is good and clean and Allah does not hate it. As Allah says: ● “It may be that you hate something when it is good for you and it may be that you love something when it is bad for you. Allah (swt) knows and you know not.” ● (Sura al-Baqara, 2:216)

So if the man and woman can not live together in peace and tranquility then divorce is an option and as Allah says: “But if they separate, Allah will provide for each of them out of His abundance.... “ (4:130) However as with most things in islam, Allah has set guidelines on divorce so as to prevent its misuse such as: Divorcing for no reason other than to have multiple partners. Any woman who demands divorce for no valid reason other than this has the curse of Allah on her. The Prophet called them "the tasters," saying, "I do not like the tasters, men and women," and, "Allah does not like the tasters, men and women." (AI-Tabarani in al-Kabir, on the authority of good transmitters.)

When divorce becomes necessary, it is not permissible for the Muslim to implement it any time he pleases; he must wait for a suitable time. ● According to the Shari'ah, this suitable time is when the woman is clean following her menstrual period or the period following childbirth. Also she must be free of pregnancy. If the woman is pregnant when the words of divorce are issued, it does not become final till she gives birth ● The reason for prohibiting divorce during menstruation or following childbirth is that, since during such periods sexual intercourse is haram, the idea of divorce may come to a man's mind because of sexual frustration and nervous tension. He is therefore advised to wait until his wife is clean and to divorce her then, if he is intent on divorce, before the resumption of marital relations.

A man can not divorce his wife while she is on her period ● In the Sahih of al-Bukhari, it is transmitted that 'Abdullah bin 'Umar divorced his wife during her menstrual period. When 'Umar mentioned the matter to the Prophet he became angry, saying, ● “ He must take her back. If he still wishes to divorce her he may do so when she is clean of the menstrual discharge before having intercourse with her, for that is the period of waiting which Allah has prescribed for divorce, referring to the ayah, ● 'O Prophet, when you (men) divorce women, divorce them during the prescribed periods.' (65:1) ● “Command him to take her back and then divorce her when she is clean from the menstrual discharge or (otherwise) is pregnant.”

Also it is not permissible for the Muslim to take an oath of divorce, vowing that if a particular event does not occur his wife will be divorced, or to threaten her by saying that if she does this or that particular thing she will be divorced In Islam an oath may be expressed only in one specific manner, that is, in the name of Allah alone; apart from this, no other form of oath-taking is permitted. The Prophet said, "Anyone who swears by (anything) other than Allah has committed shirk,'' (Reported by Abu Daoud, al-Tirmidhi, and al-Hakim.) and, "Whoever wants to take an oath should take it in the name of Allah or keep silent." (Reported by Muslim.)

The Islamic Shari'ah requires that the divorced woman remain in her home, that is to say, her husband's house, for the duration of her 'iddah (waiting period) ● It is not permissible for her to move from the house, as it is likewise not permissible for her husband to evict her without a just cause. This requirement leaves the way open for reconciliation between them. However Islam only allows a man to take his wife back twice. After that there is no reconcilation and the two must separate immediately. ● “...And fear Allah, your Lord. Do not turn them out of their houses, nor shall they leave (of their own accord) unless they commit some clear immorality; and these are the limits set by Allah....“ ● (65:1)

As with everything, If then they must separate, it should be done with dignity and kindness, without mutual abuse, injury, recrimination, or infringement of rights. Says Allah “...Either retain them in kindness or part with them in kindness....”(65:2) “...Then (either) retain her in honor or release her with kindness...”.(2:229) “For divorced women a provision (shall be made) in kindness, a duty for those who are conscious of Allah. “ (2:241)

So thus, Divorce is something lawful in Islam yet as with most things it comes with guidelines ● First of all it must be for a reason, not just to have multiple partners ● Also a woman can not be divorced on her menses. Nor can she be divorced while going thru the bleeding of childbirth. ● If pregnant the divorce is final after the birth of the child ● Also a man can not swear an oath to divorce a woman if she does a particular thing or not ● Finally if divorced the women must remain in the home until the waiting period is over unless it is an irrevocable divorce