Talaq according to Islamic Shariyah

According to Islamic Shariah, Talaq (divorce) is the most disliked of all permissible actions in the sight of Allah, as He loves the preservation of families. Conversely, causing a divorce is the most celebrated achievement for Shaytan. It is mentioned in a Hadith that Shaytan sets his throne over water and sends his agents to cause mischief, but the agent closest to him is the one who successfully separates a husband from his wife. Consequently, the Prophet (SAW) always advised against divorce and emphasised the importance of reconciliation.
When a couple feels that their marital relationship can no longer continue peacefully, they should take several steps before resorting to divorce. These steps include counselling and open dialogue, temporary physical separation to allow reflection, gentle and symbolic discipline, and appointing two arbitrators (one from each family) to work towards reconciliation. If these steps fail, the husband can pronounce a single Talaq. A single pronouncement is entirely sufficient to dissolve a marriage.
The proper way to execute a divorce is for the husband to pronounce a single Talaq during a period of Tuhr (the period of purity between menstruations) in which the couple has not had sexual relations. This specific method is called Talaq al-Ahsan (the most preferred form of divorce) in Islamic Shariah. It is considered Ahsan (the best) because it minimises harm, prevents emotional regret and maximises the opportunity for reconciliation. There is absolutely no need to issue a second or third Talaq to end a marriage; one single pronouncement is completely sufficient. However, if the husband insists on issuing a second Talaq, he must wait for his wife to complete her next menstruation and pronounce the second single Talaq during her subsequent period of Tuhr.
After the pronouncement of Talaq during Tuhr, the wife enters a waiting period (Iddah) that lasts for three menstrual cycles. If the husband intended a revocable divorce (Talaq-e-Raj’i) when pronouncing one or two Talaqs, he retains the right to revoke the divorce and take his wife back (Raj’at) during the Iddah. He can do this simply through a clear verbal statement or intention, without needing a new marriage contract (Nikah) or additional formalities. If the Iddah expires without reconciliation, the marriage is officially dissolved.
On the other hand, if the husband issues one or two Talaqs with the specific intention of an immediate, irreversible divorce (Talaq Ba’in), he loses the right of revocation (Raj’at) and cannot take her back simply by statement during the Iddah. However, the couple is permitted to remarry each other through a new contract (Nikah) and dowry (Mahr), either during or after the Iddah. If she chooses to remarry her former husband during this time, she does not need to complete the remainder of her Iddah. Conversely, if she decides to marry a different man, she must complete her full Iddah before doing so. Pronouncing a second Talaq does not reset or extend the Iddah; the wife continues counting her three menstrual cycles from the date of the first Talaq.

If the Iddah passes without Raj’at after one or two Talaqs, the couple may still reunite in the future by performing a completely new marriage contract (Nikah) with a new dowry (Mahr). However, the husband does not get a fresh reset of three Talaqs. He retains only the remaining count: if one Talaq was issued previously, he enters the new marriage with only two Talaqs remaining; if two Talaqs were issued previously, he enters with only one Talaq remaining, meaning the next pronouncement will permanently and irrevocably end the marriage.
If a husband pronounces three Talaqs, the separation becomes absolute and permanent (Talaq al-Mughallazah). He can no longer take her back or simply remarry her. He can only remarry her if the woman enters a genuine, completely new marriage with another man, that marriage is fully consummated, and it later ends naturally through divorce or the second husband’s death. Only after completing the Iddah from that second marriage may she remarry her first husband. As Allah (SWT) states in the Quran:
“And if he has divorced her (for the third time), then she is not lawful to him afterward until (after) she marries a husband other than him. And if the latter divorces her or dies, there is no blame upon the two of them for returning to each other if they think that they can keep (within) the bounds of Allah. And these are the limits of Allah, which He makes clear to a people who know.” (Sura Baqarah: 230).

The writer is Khatib of Baitush Shafiq Mosque and principal of Baitul Hikmah Academy, Gazipur