QA-ID-0019
QUESTION
I have a friend – she is wanting to leave her marriage and now the husband wants to give the divorce, how should the divorce happen? Does it need to be in a room with witnesses? Does it have to be verbal? Also should he say it once or twice, can the women give a divorce?
ANSWER
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Divorce is the absolute last step. A person should think about the wider repercussions, especially to any children. Before you proceed, you should try to reconcile and get family elders involved.
In terms of the process of divorce, the husband simply needs to say to his wife or write in clear terms, when she is not menstruating:
“I [name] have given you, [wife name] one talāq”.
He should then let her complete the iddat (waiting period) without revoking the divorce. After 3 menstrual cycles pass (which is the iddat), she is completely out of his marriage.
I do not suggest nor advise giving 3 talāq at once under any circumstances. With 3 talāq the option to reconcile in the future becomes very difficult.
Witnesses are not required for the talāq to be valid.
Talāq can be given verbally or in the form of writing.
He should only say the words of talāq once.
The wife cannot give a divorce. She can instead request a divorce from the husband.
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
