Encyclopedia of Islam

Further reading: Valerie J. Hoffman, “Eating and Fast-

ing for God in Sufi Tradition.” Journal of the American 

Academy of Religion 63 (Fall 1995): 465–484; Yusuf al-

Qaradawi, The Lawful and the Prohibited in Islam (Al-halal 

wal-haram fi al-Islam). Translated by Kamal El-Helbawi, 

M. Moinuddin Siddiqui, and Syed Shukry (Indianapolis: 

American Trust Publications, 1960), 39–78.

disbelief

  See 

kafir

.

divorce

Divorce is a formal separation between a husband 

and wife by custom or by law. In Islam, it falls 

within the sphere of jurisprudence (

fiqh

), which 

is concerned with family law and also includes the 

laws of marriage and inheritance. Divorce (talaq) 

is therefore legally recognized in the Islamic legal 

tradition, where it is based on detailed rulings 

given in the q

Uran

 (Q 2:226–232, 236–237, 241; 

65:1–7) and 

hadith

 and further elaborated in the 

schools (madhahib) of religious law. Moreover, 

Islamic divorce law is not monolithic—it embod-

ies differences of opinion among the legal schools 

and reflects local customs found within the world’s 

various Muslim communities. Muslim family law 

did not begin to be formally codified until the 

20th century, but even with this codification there 

are still significant differences among the divorce 

laws instituted by countries with Muslim majority 

populations.

Although divorce is permitted in Islam, Mus-

lims have noted that the Quran and hadith con-

tain statements that recommend against it. The 

Quran urges that the husband and wife seek arbi-

tration in order to preserve their relationship (Q 

4:35). According to a hadith cited in the collection 

of Abu Daud (d. 889), Muhammad said, “None 

of the things permitted by God is more hated by 

him than divorce.” As a permitted practice, how-

ever, Islamic law gave men the exclusive right to 

initiate divorce, which could be accomplished by 

simply stating “I divorce you” three times. The