Remarrying after a divorce: What does Islam say?

People sometimes want to enter a second marriage after getting divorced, and some may even want a religious ceremony. But different religions have different rules about remarriage. If you’re divorced and you want to remarry in the Islamic tradition, you need to be aware of the different religious laws that apply in your case. Revocable divorce, Iddah and remarriage – we explain the requirements to be able to remarry in Islam.

Divorce in the Muslim faith

Divorce is possible according to Islamic law, but only under certain conditions. So, while divorce is permitted, there are rules around how and when a husband and wife can be separated. Although Islam doesn’t frown upon divorcees, it’s very much in favour of lasting unions between a man and a woman. Divorce is seen as a last resort that must only be given in certain cases and after a genuine period of reflection on the marriage.

The two types of divorce in Islam

In Islamic jurisprudence, there are two types of divorce: revocable (Talaq-e-Raj’i) and irrevocable (Talaq-e-Ba’in).

Revocable divorce means that the husband can reconcile with his wife before the expiration of a waiting period of three menstrual cycles (Iddah) following any consummated marriage.

In irrevocable divorces, on the other hand, the husband doesn’t have this option. That said, after the expiration of the waiting period for a revocable divorce or after an irrevocable divorce, the couple can always reenter marriage if there is a reconciliation. This is possible even after becoming divorced for a second time. However, if the husband divorces his wife for a third time, the question of remarrying one day becomes more complicated.

In such a scenario, not only is the divorce irrevocable (no option to reconcile after a period of three menstrual cycles), but the couple can’t remarry until the wife has first been married to another man. In addition, that marriage must have been consummated and it must have ended through death or divorce. Only then can the first couple remarry.

What is triple repudiation in Islamic divorce?

In Islamic law, Triple repudiation, or Talāq thalatha, occurs when a husband pronounces ‘I divorce’ three times to his wife (‘Talāq, Talāq, Talāq’), and allows the waiting period to expire without reconciling with her. The utterance may be witnessed orally but is often written and sent electronically. In this way, the husband immediately makes his divorce from his wife absolute, creating a bar to remarriage between them.

How long is the reflection period in Islamic divorce?

If a couple is considering getting divorced, the Qur’an states that they should wait for a period of four months before ending their marriage. This period of reflection, known as Iddah, is intended to give the husband and wife the opportunity to question whether religious divorce is really the right path for them and to think about the possibility of reconciliation. After this period, which is traditionally three lunar months (three menstrual cycles for the woman), the couple may choose to separate. The separation must then be expressed jointly. Once this period has elapsed, the husband and wife must meet to decide whether to continue their marriage or seek a divorce.

What happens at the end of this period of reflection?

If the husband and wife choose to divorce, the Quran encourages the parties to resolve their issues through mediation. Both spouses must then appoint an arbitrator to determine how assets will be divided once the marriage is ended and to decide on certain issues, such as child custody.

Can a Muslim woman divorce her husband?

The grounds for divorce are the same for the wife as for the husband. In most cases, the decision to divorce is taken by mutual agreement between a man and a woman. It can happen that one of the spouses doesn’t agree to the divorce, but the family arbitrators may believe that reconciliation is unlikely and that divorce is the best solution. In this case, the divorce will be granted. The law applies equally to men and women.

Religious remarriage after a divorce: What are the steps?

Once the period of reflection has ended and the religious divorce has been granted following deliberation and arbitration, Muslim ex-spouses may choose to enter a marriage with someone else. For a woman, a period of three months is required before the new marriage can be pronounced. In Islam, this period is used to establish the paternity of any child born by the woman after the remarriage.

Once your divorce is final, you’re free to meet someone else and form a lasting relationship. Both the man and the woman have the right to remarry. However, as with divorce, remarrying also requires careful consideration. You’ll need time to grieve the end of your marriage, to reconnect with yourself and to make sure you’ve completed all the steps required by law to finalise the divorce.

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