As a man in a Muslim marriage, you can simply divorce your wife by ending the contract of marriage you have entered. You don’t necessarily have to approach the Court since you have many options of ending the contract of marriage through various methods prescribed under Islam.
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:
During the period of Tuhr, in the Ahsan form of divorce, you have to say ‘talaq’ only once.
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 and child for their well-being.
In the Hasan form of divorce, the husband has to say the word ‘talaq’ in three successive periods of 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
Talaq has to be said by you when your wife’s menstruation period is over. 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.
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.
This is the final Talaq that has to be said by you after your wife stops experiencing menstruation. It cannot be taken back and the final talaq, means the divorce is final. After this, the marriage between you and your wife is over and you cannot take back the divorce anymore.
Both the Ahsan and Hasan form of Divorce are practiced and approved by Sunni and Shia Muslims.1