Pre-islamic age of ignorance:  A man could divorce his wife at any time without asking her, and take her back into his marriage if he wished. The main reason for this was to prevent the woman from marrying others. However, there were other forms of divorce in pre-islamic age of ignorance.

Hul'[432]: Hul’ was one of the forms of separation in the Jahiliyyah period. The woman would say, “Hul’ me for a certain amount of money” or “Divorce me”, and the husband would say, “I hul’ you” or “I divorced you” after the agreement. The woman was obliged to buy talaq by giving her husband part of the bride price.

Amir b. al-Zarîb married his daughter to his brother’s son, but when she said that she did not want her husband, he returned the mahr given to her and separated them.[433]

Ila[434]: One of the ways of divorce in the Jahiliyyah period was “Ila”. It was called not approaching the woman for one or two years by taking an oath.

Before Islam, the Arabs of the Hijaz region used to apply the process of divorce as a method of divorce like zihar. However, since the result of the divorce was spread over a long period of time, it was mostly used to oppress the woman and to cause her and her distress. Because the husband would not fulfil his duties as a husband to his wife for a year, two years or more, and he would extend the period with a new oath. Since the marriage contract would continue until the end of the period, the wife would not have the opportunity to make a new marriage and would spend her days with a broken heart.[435]

Zihar[436]: Another form of divorce in this period was zihar. It was realised by the husband likening his wife to an organ of a woman which is forbidden to look at. In accordance with their customs in the Jahiliyyah period, men used to say, “You are like my mother’s back”. The woman was considered divorced and could never return to him. Aws b. al-Samit, one of the Ansar, was angry with his wife Havla bint al-Malik and committed adultery, whereupon the third and fourth verses of Surat al-Fighting were revealed.

In addition to these, for a clear understanding of divorce, we need to briefly discuss the “iddah”.

Iddat[437]: In the Jahiliyyah period, there was no fixed period for remarriage after divorce. This disproportionality could result in the woman giving birth to the child of her previous husband. This led to genealogical disputes. Sometimes women also concealed the fact that they were pregnant by their new husbands in order to return to their previous husbands. [438]

A woman whose husband had died would wait for a year as iddat. During the waiting period, the woman’s life was a torment: she would retreat to a dark corner of her house in the most worthless clothes and would not come out for a year. She was forbidden to wear perfume and various women’s dresses. After completing this severe imprisonment, an animal faeces was given to the woman. The woman would throw this faeces in front of her or behind her. This situation is reported to us as follows.

Zaynab bint Abi Salama, from her mother Umm Salama radiyallahu ‘anha: “A woman’s husband died, and her relatives feared that her eyes might be troubled (from crying). They came to the Prophet (peace and blessings of Allaah be upon him) to ask permission for her to apply kohl: “No, do not take 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 the year was completed and a dog passed by, she used to throw a camel’s dung at him (and thus got out of her iddat). So do not put kohl in your eyes until four months and ten days have passed.”[439]

ISLAM: Islam has limited divorce to three talaqs. After that, the woman can remarry her former husband only if she marries another person[440] in accordance with the procedure. The other types of divorce are discussed in two ways: whether or not it is possible to return to marriage and whether or not it is in accordance with the Sunnah. The type of divorce in which it is possible to return to marriage is divided into two as raj’i and bain talaq. Compliance with the Sunnah is analysed in two stages: Sunni[441] and Bid’i[442]. Since you can find detailed information in the relevant fiqh books, we will be content with giving information about the possibility of return after divorce.

Ric’i divorce is a form of divorce that allows a man to return to married life without the need for a new marriage and a new mahr. The return from this divorce is possible after the first or second talaq and before the end of the iddat period. After the end of the iddat period, the raj’i talaq becomes bain talaq. The following conditions are required for this type of divorce

Divorce after sexual intercourse

Divorce with words that are used only for divorce and have no possibility of any other meaning

Not divorced with three talaqs

Bain divorce is a type of talaq that does not allow the continuation of marriage unless there is a remarriage contract with mehir. For this or two talaqs are required. This divorce is divided into two as minor and major. Minor separation allows the wife to return during the iddat or later with a new marriage and a new mehr. Major separation is when a man divorces his wife with three talaqs at once or at separate times. She is not allowed to return to her former husband unless she marries someone else and separates from him. The following conditions are necessary for this type of divorce:

Divorce before sexual intercourse

Divorce with words expressing sarcasm, violence and exaggeration[443]

Divorce made at the request of the woman by assigning a price

The answers of Islam to other forms of divorce are as follows.

Hul: If you fear that the husband and wife will not be able to observe the limits set by Allah, then there is no harm for either of them if the wife ransoms her husband for divorce. These are the limits set by Allah, so do not exceed them.[444]

When Hul is done, the woman is divorced with bain talaq.

İla: Those who have sworn not to approach their wives may wait four months. If they break their vows, surely Allah is forgiving and merciful. And if they decide to divorce, surely Allah is All-Hearing and All-Knowing.[445]  

If the husband is with his wife within this period, he must atone for his oath, and if he makes a vow, he must fulfil it. If he does not return within the specified period, she is considered divorced with a bain talaq.

Zıhar: Those who wish to separate from their wives by means of haraam, and then turn away from them, should free a slave before they have contact with their wives. This is what you have been advised. Allah is aware of what you do. And whoever is unable to do so should fast for two consecutive months before making contact. He who is unable to do so should feed sixty poor people. This ease is because you have believed in Allah and His Messenger, and these are the limits set by Allah. For those who disbelieve is a painful torment.[446]

According to this verse, it is forbidden for the one who has committed adultery to have sexual intercourse with his wife until he does penance. If the man who has committed adultery refrains from making atonement, he is granted a divorce.[447]

İddet: There are five types according to the situation and location.

1- The iddah of a divorced woman:

a) Divorce after sexual intercourse: Divorced women keep themselves under supervision for three months[448].

b) Divorce before sexual intercourse: O you who believe! If you marry believing women and divorce them before you have touched them, divorce them within the period of their iddat.

You do not have to wait. Forgive them and let them go in goodness[449].

  1. The iddah of minors and elders: If you are in doubt about those of your women who have stopped menstruating and those who have not yet menstruated, their waiting period is three months[450].

3 – The waiting period of a pregnant woman: …The waiting period for those who are pregnant is when they leave their burdens and give birth. Whoever fears Allah, Allah will give him ease[451].

4- The iddah of a woman whose husband has died: The wives left behind by those of you who have died shall keep themselves under supervision for four months and ten days. When they have completed this period, you shall not be held responsible for what they have done legitimately. Surely Allah knows what you do.”[452]

5- The iddat of a person whose husband has disappeared The wife of a person who has not been heard from and whose whereabouts are unknown waits for iddat for four months and ten days after the death of her husband’s peers[453].

NOWADAYS

Hul: Nowadays, it is common for women who have a say in the so-called elite class to give money to their husbands in order not to cause problems in divorce.

Ila: It has become one of the most common practices to bind one’s sexual life with one’s spouse to an oath. Islam limits the duration of this oath to four months. People may swear to stay away from their spouses if a domestic dispute turns into a fight or in a moment of anger for any reason. For this reason, many Muslims who are not informed about the importance, conditions and validity of marriage do not know that having sexual intercourse within four months requires qafarah and breaking the vow for more than four months is a reason for talaq.

Dhikhar: Despite the commandment that Allah did not create two hearts in the chest cavity of a human being, nor did He make your wives whom you have committed dhihar your mothers[454], there are expressions such as “You are like my mother’s back” in the customs of the Arabs, as well as expressions such as “Let my mother be my mother” in our country.

Iddat: Unfortunately, today, there are those who do not pay attention to the way of divorcing a woman, as well as those who do not pay attention to the period that must elapse before the woman can remarry. However, iddat has wisdom such as preventing abuses, enabling the parties to remarry when the divorce is rij’î, and eliminating the possibility of the woman getting pregnant from her ex-husband.

[431] Talaq, in the dictionary, means to dissolve and release. In religion, it means to dissolve and dissolve the marriage bond with certain words.

[432] Hul, in the dictionary, means to remove and drive away. In the religious sense, it means that the woman or her guardian agrees on a certain amount of money and divorces the husband in return for this amount.

[Ibn Hajar, Fath al-Bāri IX, 346

[434] In the dictionary it means to swear an oath. In the religious sense, it means that a man swears that he will not approach his wife for four months or more.

[435] Omar Nasuhi Bilmen, Kamusu of Islamic Law and Istilâhât-ı Fıkhıyye, 1968, II 290-310

[436] The word zihar is derived from the dictionary word zahr, which means back. In jurisprudence, it means that the husband likens his wife, or an organ such as the face or head, or a part of her body, such as a third or a quarter of her body, to an organ that is forbidden to be looked at by a woman whose marriage is permanently forbidden to him.

[437] Iddat means counting in the dictionary. In religion, it is the period of time that a woman waits in order to remarry if the marriage is terminated due to one of the reasons such as death, divorce or annulment.

[Tabari, Jami’l-beyan, II, 449

[439] Rudani, The Great Collection of Hadith, Jam’ul-fawaid, Iz Publishing: 2/307

[440] This is called hulla. There must be sexual intercourse in marriage.

[441] It is a form of divorce that is in accordance with the Sunnah.

[442] It is a form of divorce that is not in accordance with the Sunnah.

[443] According to the Shafi’i madhhab, it is ric’i divorce, not bain divorce.

[444] Surat al-Baqarah, Verse 229

[445] Surat al-Baqarah, Verses 226-227

[Surah Fatiha, 3-4. Verses

[447] Al- ihtiyar, 1/161

[448] Surat al-Baqarah, Verse 228

[449] Surat al-Ahzab, Verse 49

[450] Surat al-Talaq, Verse 4

[451] Surat al-Talaq, Verse 4

[452] Surat al-Baqarah, Verse 234

[According to the Maliki and Hanbalî sects, when four years have passed since the disappeared person is no longer expected to live, his/her spouse may request that the disappearance be recognised and that a separation order be issued. When the spouses are separated upon this determination, they wait four months and ten days for the death iddah.

[454] Surah Al-Ahzab, Verse 4