Introduction

This section discusses the principles and rulings of divorce in Islam, distinguishing between the recommended (Sunnah) and prohibited (Bid'ah) forms of divorce.

Categories of Divorce

Type of Divorce Definition Explanation
Ahsan (Best) One revocable divorce in a non-menstruating period without intercourse. Preferred by the Companions as it minimizes regret and harm to the wife.
Hasan (Good) Three divorces given in three separate clean periods. Recognized as Sunnah, but Imam Malik considers it Bid'ah, permitting only one divorce at a time.
Bid'ah (Innovated) Three divorces pronounced at once or within a single clean period. Prohibited but effective; Imam Shafi’i permits all divorces since they fulfill legal purposes.

Detailed Explanation of Divorce Types

1️⃣ Ahsan Divorce (The Best Form)

✅ One divorce is given during a clean period where no intercourse has occurred. ✅ The husband allows the wife’s waiting period (iddah) to pass without further action. ✅ This method aligns with the Companions' preference and reduces harm to the wife.

2️⃣ Hasan Divorce (Sunnah Divorce)

✅ A man divorces his wife three times, each in a separate clean period. ✅ Supported by the Hadith of Ibn Umar: "The Sunnah is to wait for a clean period and issue one divorce for each menstrual cycle." ✅ Imam Malik considers this method Bid'ah, arguing that one divorce suffices to achieve separation.

3️⃣ Bid'ah Divorce (Innovated and Prohibited)

❌ Issuing three divorces in a single statement or clean period. ❌ Considered sinful but still legally effective. ❌ Imam Shafi’i permits it based on the principle that all legal transactions remain valid.

Timing of Divorce According to Sunnah

Wife’s Condition Sunnah Divorce Timing Explanation
Menstruating Woman ❌ Prohibited Causes unnecessary extension of iddah.
Non-Menstruating (Regular Cycle) ✅ Divorce in a clean period without intercourse. Ensures clarity in iddah calculation and avoids emotional impulsivity.
Pregnant Woman ✅ Allowed immediately after intercourse. No risk of confusion in iddah, as pregnancy confirms it.
Postmenopausal or Young Woman (No Menstruation) ✅ Divorce once a month for three months. Months replace menstrual cycles, as per Quran (65:4).

Special Rulings & Disagreements

Divorce During Menstruation