Divorce in Islam in the context of "Islamic family jurisprudence"

In Islamic law, marriage involves nikah (Arabic: نِكَاح, romanized: nikāḥ) the agreement to the marriage contract (ʿaqd al-qirān, nikah nama, etc.), or more specifically, the bride's acceptance (qubul) of the groom's dower (mahr), and the witnessing of her acceptance. In addition, there are several other traditional steps such as khitbah (preliminary meeting(s) to get to know the other party and negotiate terms), walimah (marriage feast), zifaf/rukhsati ("sending off" of bride and groom).

In addition to the requirement that a formal, binding contract – either oral or on paper – of rights and obligations for both parties be drawn up, there are a number of other rules for marriage in Islam: among them that there be witnesses to the marriage, a gift from the groom to the bride known as a mahr, that both the groom and the bride freely consent to the marriage; that the groom can be married to more than one woman (a practice known as polygyny) but no more than four, that the women can be married to no more than one man, developed (according to Islamic sources) from the Quran, (the holy book of Islam) and hadith (the passed down saying and doings of the Islamic prophet Muhammad). Divorce is permitted in Islam and can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause.

Zihar or Dhihar (Arabic: ظھار) (Arabic pronunciation: [ðˤihaːr]; Ẓihār): /ˈziːˈhɜːr/; ZEE-hu-Er；is a term used in Islamic jurisprudence, which literally connotes an admonition by Allah to the believers. During pre-Islamic Arabia, Dhihar, was a practice in which a man referred to his wife as his mother or by uttering that, “you are, to me, like my mother”. This constitutes a form of revocable divorce (although it is invalid). If a husband says these words to his wife, it is highly unlawful for him to have sexual intercourse with her unless he makes recompense by freeing a slave, fasting for two successive months, or feeding sixty poor people.

In Islam, ’iddah or iddat (Arabic: العدة, romanized: al-ʿidda; "period of waiting") is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man. One of its main purposes is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband.

The length of ‘iddah varies according to a number of circumstances. Generally, the ‘iddah of a divorced woman is three lunar months (i.e. about 89 days), but if the marriage was not consummated there is no ‘iddah. For a woman whose husband has died, the ‘iddah is four lunar months and ten days (i.e. about 128 days) after the death of her husband, whether or not the marriage was consummated. If a woman is pregnant when she is widowed or divorced, the ‘iddah lasts until she gives birth.

Triple talaq (instant divorce) and talaq-e-mughallazah (irrevocable divorce) were a type of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq (the Arabic word for "divorce") (in spoken, written or, more recently, electronic form).

The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44) in India. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional. The remaining two declared the practice to be constitutional. On 30 July 2019, the Parliament of India declared the practice of triple talaq illegal and unconstitutional and made it a crime from 1 August 2019. Three of India's neighbouring countries — Pakistan, Bangladesh and Sri Lanka — are among the 23 countries worldwide that have banned triple talaq. The Quran describes mechanisms for avoiding hasty divorces, prescribing two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision. A bench of the Supreme Court of India has stated that the practice of divorce for Muslim men through, "Talaq-e-Hasan" which is pronounced once a month over a period of three months is allowed and a Muslim woman can also part ways with her husband through "khula (mutually agreed divorce)".

Repudiation is a formal or informal action in which a husband leaves his wife in a certain culture and religions. For example:

• In Islam, a talaq divorce allows a man to divorce his spouse (in Arabic, talaq), otherwise known as the formula of repudiation.
• In Babylonian law a husband could repudiate his wife, at the cost of returning the dowry.
• Repudiation is also a concept that existed in the Roman law.
• In India, Section 13(2)(iv) of the Hindu Marriage Act and Section 2(vii) of the Dissolution of Muslim Marriages Act, 1939 gave young wives the option, within time limits, while Section 3(3) of the Prohibition of Child Marriage Act, 2006 gave both husbands and wives the choice, as well as a little more time to exercise it. Inconsistencies in the law are an issue in repudiation of marriage due to different age requirements.