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What You Need to Know if You’re Getting Divorced as a Muslim Woman

by in Culture & Lifestyle on 2nd December, 2025

Divorce is one of the most emotionally, spiritually and socially heavy decisions a Muslim woman can face. It can carry a deep weight of grief, pain, anxiety and may carry shame or judgment from family and communities. In some cases, women stay in unfulfilling and abusive marriages due to pressure from extended family members. Yet in Islam, divorce is not taboo. It is not burdensome, rather freeing; it is a legal right granted by Allah , one that protects your dignity, safety and well-being when a marriage has ended.

Allah reminds us in the Qur’an:

But if they choose to separate, Allah will enrich both of them from His bounties. And Allah is Ever-Bountiful, All-Wise. (Surah An-Nisa 4:130)

For many women, the hardest part is not just the decision itself, but knowing where to begin. Who do you turn to? What options do you have? How do you balance the legal, emotional, financial and religious dimensions of divorce? This is a starting guide to help you navigate the process with clarity and support.

Divorce in Islam: More Than One Route

The Qur’an and Sunnah lay down divorce as a last resort (after appropriate attempts of reconciliation or mediation have been made), but an accessible last resort; it should not carry a stigma or be misunderstood as haram. Across the four Sunni schools of thought (Hanafi, Shafi‘i, Maliki, Hanbali), the principles are similar: divorce is allowed, but regulated to ensure fairness.

Following are are the main routes:

1. Talaq (husband-initiated divorce)

All four schools agree that a husband can issue a divorce, usually by verbal pronouncement of “talaq.” To prevent misuse of divorce, talaq (a husband’s pronouncement of divorce) is encouraged to be done carefully and fairly, not in anger or haste. As mentioned in the Qur’an:

“O Prophet, when you divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord…” (Surah At-Talaq 65:1).

Divorce should be pronounced only once, preferably during a time when the wife is not on her menstrual cycle and when the couple has not been intimate during that period.

There are two types of divorce in Islam: revocable and irrevocable. A revocable divorce allows the possibility of returning to the marriage during the waiting period, while an irrevocable divorce ends the marriage immediately and removes the option of returning unless specific conditions are met. The wording or circumstances of the pronouncement determine the type of divorce it is.

If a revocable divorce is issued, a waiting period (‘iddah — three menstrual cycles or three months) begins, during which reconciliation is possible. If the couple reconciles within this period, the marriage continues without needing a new nikah. However, if the ‘iddah ends and they have not reconciled, the divorce becomes final. Suppose this was a first or second talaq, in that case, the divorce is still considered revocable in nature, meaning that although the marriage contract has ended, if the couple wishes to reconcile after this, they can remarry with a new nikah and a new mahr. Reconciliation after the end of ‘iddah is only possible in the case of the first two divorces. 

If an irrevocable divorce is issued, which includes a third talaq,  the nikah ends immediately, with no possibility of reconciliation during the ‘iddah. In this situation, the divorce is final, and the couple cannot remarry unless the woman marries another man, that marriage has genuinely ended, and she freely chooses to return to her first husband.

Allah says in the Qur’an, “Divorce is twice, then [after that], keep [her] in an acceptable manner or release [her] with good treatment…” (Surah Al-Baqarah 2:229).

2. Khula (wife-initiated divorce)

A wife can request khula directly from her husband. If he refuses, she can seek khula through an authority such as an Islamic judge, shari’ah council or arbitration panel. These bodies can dissolve the marriage.

  • A wife can request release from the marriage by returning her mahr (dowry).
  • All four schools accept khula, based on the hadith of the wife of Thabit ibn Qays:

The wife of Thabit ibn Qays came to the Prophet ﷺ and said, “O Messenger of Allah, I do not find fault with Thabit in respect of his character or religion, but I dislike disbelief (ingratitude) in Islam.” The Messenger of Allah ﷺ said, “Will you return to him his garden?” She said, “Yes.” So the Messenger of Allah ﷺ told him to take back his garden and ordered him to divorce her. (Sahih Bukhari)

3. Faskh (judicial annulment)

This is when a judge (in a Muslim country) or authorities in non-Muslim countries, such as shari’ah councils, dissolve the marriage due to harm, abuse, neglect or unmet obligations. A civil divorce would still be required to protect your legal rights.  

Hanafi school: Traditionally restricted faskh to severe issues (e.g. impotence, apostasy), though some Hanafis allow broader grounds.

Maliki school: Allows annulment for harm, including physical or emotional abuse, absence, or failure to provide financially.

Shafi‘i & Hanbali schools: Allow annulment for similar reasons, particularly if the husband withholds rights.

This route is especially important for women in harmful marriages where the husband refuses talaq or khula.

4. Tafriq (dissolution through a judge/arbitrator)

Most prominent in the Maliki school, tafriq allows separation due to discord after attempts at reconciliation. A judge at a shari’ah court or an imam may appoint two arbiters (one from each family) to try reconciliation, as mentioned in the Qur’an:

“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted [with all things].” (Surah An-Nisa 4:35)

In a non-Muslim country, a civil court divorce is still needed. If reconciliation fails, separation is granted. All schools of thought acknowledge that women have legitimate avenues to end a marriage; women are not trapped if their husband refuses to divorce them.

Practical Steps: Where to Begin

Divorce can feel overwhelming, but breaking it down into steps can help:

Consult Allah: Spend time in prayer and dua. Pour your heart out to the one who created it. Only Allah knows the complexity of your grief. This is a time when many lose their spouse but develop a stronger and deeper connection with their Lord.

Document Your Situation: Keep a record of financial matters, housing, custody needs, and, if applicable, incidents of abuse. Keep records of dates/times, photos or anything that can help support your case. If keeping records might put you at risk, consider storing notes and photos in a password-protected cloud account or emailing a trusted family member or friend who can store them on your behalf. 

Explore the Route of Divorce: Consider whether your situation fits khula, faskh, or mediation first.

Seek Mediation Where Suitable: The Qur’an encourages arbitration by representatives of each family (4:35). But note: mediation is not necessary in cases of abuse.

Know the Legal Side: In most Western countries, a religious divorce alone is not legally binding. A civil divorce is essential for financial security, custody and safety.

UK Civil Divorce Costs: The cost of an uncontested divorce application is currently £593. Lawyers’ fees are charged separately at around £1,500-£2,000, whereas contested divorces can cost anywhere from  £3,000 to £30,000.

The petitioner (the one applying for divorce) usually covers the court fees, but can ask the court to order the spouse to pay. Fee waivers may be available to those on low incomes.

Involving Scholars, Mediators, and Lawyers

  • Scholars and Imams: Seek a scholar familiar with women’s rights in Islamic law. If one imam dismisses you, find another; you are not bound to a single opinion. You can also reach out to the Islamic Sharia Council (UK).
  • Third Parties: In amicable cases, family elders or mediators can help with a dignified separation.
  • Legal Professionals: Always get legal advice. Civil courts can protect your financial rights, housing, and children.

Emotional and Spiritual Care

Divorce is not just paperwork; it is loss, grief and transition. Some women may feel anger, shame or guilt. Yet Allah repeatedly reminds us of His mercy and that He will provide for each person after separation. (Surah An-Nisa 4:130)

  • Consider therapy, especially with Muslim therapists who understand faith and culture.
  • Journal your thoughts and prayers, as it can be grounding in chaotic moments.
  • Surround yourself with those who uplift you, not those who dismiss your pain.

Resources for Support

Whatever decision you take, we pray that Allah makes it easy and opens doors for you. Ameen.

Maryam Akram

Maryam Akram

Maryam Akram, originally from Oxford, studied Arabic at SOAS, university of London and at An-Najah university in Nablus, Palestine. She is currently tutoring Arabic and pursuing an MA in Arabic in the Middle East, where she currently resides. She advocates for women’s rights and is working to bring change in the South-Asian community. She enjoys reading poetry in the evening and going for long nature walks. IG: @maryamakramm