Husband Wants Divorce for Muslim Marriage

As a man in a Muslim marriage, you can no longer pronounce talaq out of choice. While marriage is treated as a contract under Muslim law, courts in India have clarified that a valid divorce (talaq) must meet certain procedural requirements.

For a talaq to be valid:

(i) it must be for a reasonable cause; and 

(ii) two arbiters, one chosen by the wife from her family and the other by the husband from his, must first try to help the couple reconcile. If their attempts fail, ‘talaq’ can be effected. 

Triple talaq has been declared unconstitutional.¹ It is now a criminal offence in India, punishable with up to 3 years jail time.²

Since your marriage is a contract, you can decide to end your marriage simply because you choose to do so. Divorce is not fault-based in Islam. That is, unlike divorce in other religions, you need not have been harmed by your spouse either through cruelty, adultery or due to some irrecoverable illness in any way for you to want to leave your marriage.

The ways in which a husband can initiate divorce are as follows:

Talaq-e-Ahsan

Stage 1

During the period of Tuhr (a period between two menstrual cycles), in the Ahsan form of divorce, you have to say ‘talaq’ only once.

Stage 2

You can take back this ‘talaq’ during the period of her iddat. For example, you can revoke your talaq by saying the words ‘ I have retained thee’ or ‘I take back my talaq’ or by the act of having sexual intercourse with your wife.

In case you could not take back your divorce before the iddat period gets over then the divorce takes place and is irrevocable. Once the divorce takes place you will have to pay maintenance to both your wife (generally limited to providing maintenance during the iddat period) and child for their well-being.

Talaq e-Hasan

In the Hasan form of divorce, the husband has to say the word ‘talaq’ in three successive periods of tuhr.

Tuhr

Tuhr, means purity, and refers to the time when your wife is not experiencing menstruation. The wife is not allowed to have sexual intercourse with anyone during this period. You can take back the talaq after every successive period of tuhr.

Process of Divorce

Stage 1

Talaq has to be said by you when your wife’s menstruation period is over, that is, during tuhr, and this is done over three such cycles. During this period, you are not allowed to have sexual intercourse but if you do, it would mean that you have taken back your decision to divorce your wife. You can revoke your decision through words by saying it or writing it.

Stage 2

Talaq has to be said by you for the second time when your wife experiences menstruation again. At this point also, you can revoke your decision to divorce her through words or conduct.

Stage 3

This is the final Talaq that has to be said by you after your wife stops experiencing menstruation. It cannot be taken back and it is the final talaq, meaning that the divorce is final. After this, the marriage between you and your wife is over and you cannot take back the divorce anymore. 

You also cannot remarry your wife after this, since under the Quran, sufficient time has already been given to you to reconsider your decision. This is what makes it different from Talaq-e-Ahsan, where revocation is allowed before the iddat period ends.

Both the Ahsan and Hasan forms of divorce are practiced and approved by Sunni and Shia Muslims.

1. Shamim Ara vs State of Uttar Pradesh, AIR 2002 SC 3551. [↩]
2. The Muslim Women (Protection of Rights on Marriage) Act, 2019. [↩]