Short answer
Divorce (talaq) is allowed but should be a last resort. The sunnah way is for the husband to give one talaq while his wife is in a clean period without intimacy, then let her complete her iddah (waiting period). He can take her back during the iddah after a first or second talaq; after the iddah they need a new nikah. A third talaq ends the marriage finally.
The best form (talaq ahsan) is one revocable talaq in a tuhr without intercourse, then leaving her until the iddah ends. Three talaqs given separately in three tuhrs is also sunnah but less preferred. Giving three at once or during her period is talaq bid'ah: sinful, but it takes effect.
Other madhhabs
- Shafi'i
- Giving three talaqs at once is not sinful, though one is better; it takes effect in the same way.
Explanation
Islam asks couples to try to save a marriage first: patient talk, counselling, and if needed an arbitrator from each family (4:35). If divorce is the only way, Allah says, "Divorce is twice. Then either keep her in an acceptable manner or release her with good treatment" (2:229).
The steps in the Hanafi school:
- Timing: the husband waits until his wife's period has ended and they have not been intimate since.
- One talaq: he says or writes clearly, "I divorce you," once.
- The iddah: she waits three full menstrual periods; three months if she has no periods; or until delivery if pregnant. She stays in the marital home and he provides for her. Our iddah calculator gives the dates.
- Return or release: during the iddah he can take her back by word or intimacy, without a new nikah. If the iddah ends, the divorce is final (ba'in) and they may remarry only with a new nikah and new mahr.
- Count: each talaq counts. After the third, she is not lawful for him unless she marries another man in a genuine marriage that later ends (2:230).
A wife cannot give talaq herself unless the husband gave her that right, but she can seek khula, or ask an Islamic council for dissolution on grounds such as harm or failure to provide. A civil court divorce is not automatically an Islamic one. Because the details of any divorce matter so much, speak to a mufti about your situation. See also three talaq at once.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah At-Talaaq 65:1
بِسْمِ ٱللَّهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ يَٰٓأَيُّهَا ٱلنَّبِىُّ إِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا۟ ٱلْعِدَّةَ ۖ وَٱتَّقُوا۟ ٱللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِنۢ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍۢ مُّبَيِّنَةٍۢ ۚ وَتِلْكَ حُدُودُ ٱللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَقَدْ ظَلَمَ نَفْسَهُۥ ۚ لَا تَدْرِى لَعَلَّ ٱللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًۭا ﴿١﴾
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
Talaq should be given at the start of a waiting period, in a clean state.
Quran, Surah Al-Baqara 2:229
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍۢ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ ﴿٢٢٩﴾
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers.
Two revocable divorces, then a final choice.
Quran, Surah Al-Baqara 2:228
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍۢ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٰلِكَ إِنْ أَرَادُوٓا۟ إِصْلَٰحًۭا ۚ وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌۭ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ ﴿٢٢٨﴾
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
The iddah after divorce is three periods.
Sahih al-Bukhari 5251
Sahih... مره فليراجعها ثم ليمسكها حتى تطهر ثم تحيض ثم تطهر ...
"Tell him to take her back and keep her until she is pure, then has a period, then is pure again; then he may keep her or divorce her before touching her."
When Ibn Umar divorced in the period, he was told to return her and divorce, if at all, in a clean period without intimacy.
Where the ruling is recorded
- al-Hidaya, Kitab al-Talaq, Bab Talaq al-Sunnah. The best form of talaq and the sinful forms.
- al-Hidaya, Kitab al-Talaq, Bab al-Raj'ah and Bab al-Iddah. Taking back during iddah and the length of iddah.
- Minhaj al-Talibin (Nawawi), Kitab al-Talaq. The Shafi'i view on three at once.
This answer is pending review by the scholars on our team. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.