The Divorce In Islam

Aftermath

If the wife is divorced for the third time, then she becomes "haram" for her former husband. Otherwise, the couple would be able to remarry.Even if divorce separates a man from his wife, he has to seek her help in caring for the child or another female if the mother agrees.He must pay for her expenses.

In practice:

In most Islamic states it is generally unacceptable for a divorced woman to live alone (as is usually also the case with unmarried women). In most situations women who find themselves divorced will return to live with their parents or to the household of another close relative.
 
The relevant part of the Qur'an is:

Sura 2.232-3 translated
And when you have divorced women and they have ended their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in God and the last day, this is more profitable and purer for you; and God knows while you do not know.

And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father's) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) God and know that God sees what you do.

Sura 2.235 translated
And there is no blame on you respecting that which you speak indirectly in the asking of (such) women in marriage or keep (the proposal) concealed within your minds; God knows that you win mention them, but do not give them a promise in secret unless you speak in a lawful manner, and do not confirm the marriage tie until the writing is fulfilled, and know that God knows what is in your minds, therefore beware of Him, and know that God is Forgiving, Forbearing.
 
Sura 2.241 translated
And for the divorced women (too) provision (must be made) according to usage; (this is) a duty on those who guard (against evil).

After divorce, Qur'an specifies responsibilities on divorcee and divorcer on behalf of their children. Qur'an also prohibits interventions from the previous husband in the divorced woman's life.

Talaq in Muslim society

In contrast to the Western world where divorce was relatively uncommon until modern times, and in contrast to the low rates of divorce in the modern Middle East, divorce was a common occurence in the pre-modern Muslim world. In the medieval Islamic world and the Ottoman Empire, the rate of divorce was higher than it is today in the modern Middle East.

In 15th century Egypt, Al-Sakhawi recorded the marital history of 500 women,the largest sample on marriage in the Middle Ages, and found that at least a third of all women in the Mamluk Sultanate of Egypt and Syria married more than once, with many marrying three or more times.

According to Al-Sakhawi, as many as three out of ten marriages in15th century Cairo ended in divorce.In the early 20th century, some villages in western Java and the Malay peninsula had divorce rates as high as 70%.

In practice in most of the Muslim world today divorce can be quite involved as there may be separate secular procedures to follow as well.Usually, assuming her husband demands a divorce, the divorced wife keeps her mahr, both the original gift and any supplementary property specified in the marriage contract. She is also given child support until the age of weaning, at which point the child's custody will be settled by the couple or by the courts.

Women's right to divorce is often extremely limited compared with that of men in the Middle East. While men can divorce their spouses easily, women face a lot of legal and financial obstacles. For example, in Yemen, women usually can ask for divorce only when husband's inability to support her life is admitted while men can divorce at will. However, this contentious area of religious practice and tradition is being increasingly challenged by those promoting more liberal interpretations of Islam.

In Egypt, men are favored by the law in divorce. If a woman leaves her husband without his consent, she might be filed charges under Egypt's "obedience laws," and would lose alimony upon divorce. While men are not required to convince in a judicial court for divorce, women must resort to legal action, and are required to abandon all rights to the couple's finances and to repay their dowries.

In Lebanon, women who suffered from domestic violence must provide testimony of an eyewitness, in addition to a medical certificate from a doctor documenting physical abuse to sue for divorce. This is the situation in Egypt as well.

In Syria, article 91 of the personal status code grants men right to divorce without providing any specific reason, and men only notify the divorce to the government.

On the other side, women usually can initiate discussion about divorce only when their husband's inability to support them is admitted. To receive alimony, a woman needs to prove inability to live on her own.

When women seek to divorce, she must file charge and provide specified legitimate reason. Although consensual divorce and khol are also available, in this case women must repay him the dower.

In Saudi Arabia, women must prove the ability to pay compensation as well as their spouse's violence.

Khula

Khula is the right of a woman in Islam to divorce or separate from her husband. After divorce the husband is responsible for the education and maintenance of the children. The children live with the mother for seven years. After seven years the children have the right to live with the father or the mother, as they decide.

A woman seeks a Khula while a man seeks a Talaq. The Iddah period (waiting time after a divorce) of a woman whom seeks a Khula, is one menstrual cycle or one month if she is no longer menstruating. This ensures that she is not pregnant. This is different from when a man seeks a Talaq, when the Iddah period is three cycles or three months.

The Iddah period also allows for reconciliation for the husband and wife. There is still the need for witnesses when seeking a Khula as in a Talaq. The Mahr, depending on circumstances, may or may not be given back to the husband.