Divorce is a deeply rooted issue that has been debated throughout history in both its religious and social dimensions, taking different forms across societies and eras. Islam ties divorce to specific rules and timeframes, aiming to protect the rights of both women and men. However, traditional understandings and the interpretations of legal schools have over time distorted these rules, creating a practice far removed from the spirit of the Quran. Here, we will examine the profound differences between the Quran's provisions on divorce and the practices of the legal schools, and address the individual, psychological, and social consequences of denying women's right to divorce. The Quran's Approach to Divorce: Process, Balance, and Justice The Quran defines divorce not as a hasty act, but as a deliberate process spread over time that safeguards the rights of both parties. Verses 226 and 227 of Surah Al-Baqarah state that spouses intending divorce must wait four months, and that if reconciliation is possible at the end of this period, they may continue their marriage. This four-month period is not a punishment; it is a space for reflection, allowing the parties to listen to one another, for anger to subside, and for healthier decisions to be made.
"For those who swear not to have sexual relations with their wives is a waiting time of four months. If they return, then indeed Allah is Forgiving and Merciful. And if they decide on divorce, then indeed Allah is Hearing and Knowing." (Al-Baqarah 2:226–227) Verse 228 of Surah Al-Baqarah addresses the rights of women and men in the divorce process within an exceptionally balanced framework: "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. And Allah is Exalted in Might and Wise." (Al-Baqarah 2:228) The phrase "due to the wives is similar to what is expected of them" clearly demonstrates that divorce is not solely an act within the man's initiative — women equally possess the right to divorce. Traditional understanding, however, has ignored this equality, pushing women into a passive, rightless, and silenced position; this contradicts both the Quranic text and the fundamental principle of justice. Verses 229 and 230 of Surah Al-Baqarah state that divorce may occur a total of two times, and that the third divorce represents an irreversible threshold — the right to remarry can only arise after an intervening marriage. The purpose of this arrangement is to prevent spouses from repeatedly harming one another and to emphasize that marriage is a serious bond. The Quran introduced this provision not as a tool of punishment, but as a safeguard against the exploitation of marriage and for the protection of the family. "Divorce is twice. Then, either keep in an acceptable manner or release 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 the limits of Allah. But if you fear that they will not keep 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. And if he has divorced her the third time, then she is not lawful to him afterward until she marries a husband other than him. And if the latter husband divorces her, there is no blame upon the woman and her former husband for returning to each other if they think that they can keep the limits of Allah. These are the limits of Allah, which He makes clear to a people who know." (Al-Baqarah 2:229–230) A Critique of Traditional Practices: Triple Talaq and Hullah Despite the Quran's regulation of divorce as a gradual process spread over time, traditional understanding has seriously disrupted this balance. The most striking example is the practice of "triple talaq." The notion that a man saying "I divorce you three times" in a moment of anger or all at once immediately and irrevocably terminates a marriage entirely departs from the process the Quran envisions. In the Quran, divorce is a process stretched over weeks and months, allowing time for reflection and reconciliation; yet this practice makes decisions taken at the peak of anger irreversible, tearing families apart. The practice of hullah represents an even more severe form of this distortion. Verse 230 of Surah Al-Baqarah states that after a third divorce, in order for the couple to remarry, the woman must first marry another man and then be divorced by him. The true purpose of this provision is to prevent the exploitation of marriage and to compel the parties to act far more consciously regarding a potential reunion. However, the legal schools distorted this provision into a mechanism in which a woman is symbolically married to another man for a single night and immediately divorced — an arrangement often built on financial interest. This practice is an injustice that both uses the woman as an instrument and corrupts the institution of marriage from within. While the Quran envisions marriages built on love, compassion, and mutual respect, hullah stands in direct opposition to this foundation. The Hanafi school's recognition of divorce utterances made under duress or in anger as legally valid reflects a similar distortion. The Quran treats divorce as a decision made with conscious and free will. Accepting that words spoken under pressure, in fear, or at the height of rage carry legal validity both undermines the principle of free will and overturns the fundamental logic of the Quran's approach to divorce. Women's Right to Divorce: Individual and Social Dimensions The fact that women's right to divorce has been effectively blocked or subjected to onerous conditions under traditional understanding causes concrete and deep wounds that go far beyond an abstract legal problem. The denial of this right perpetuates numerous problems — psychological violence, economic dependency, sexual abuse, and emotional exhaustion — making them permanent. The woman becomes trapped in an unwanted, unhealthy, and even dangerous relationship. This profoundly affects both the individual's mental health and the overall wellbeing of children and society. The Quran does not ignore this reality. While verse 19 of Surah An-Nisa commands spouses to "live with them in kindness," verse 231 of Surah Al-Baqarah emphasizes that once the decision to divorce is finalized, keeping a woman in limbo with the intent to harm her is explicitly forbidden. In other words, the Quran does not aim to force a woman to remain in an unwanted marriage, but rather envisions a union built on peace, tranquility, and compassion. Presenting the continuation of a marriage filled with hardship and injustice as a religious obligation is directly contrary to this fundamental spirit of the Quran. The Psychological Dimension: Personality Disorders and Destruction Within Marriage To make this issue more concrete, consider a particularly instructive example: the marriage of a woman with schizoid personality disorder and a man with antisocial personality disorder. An individual with schizoid personality disorder has difficulty forming emotional relationships, is introverted, prefers solitude over close relationships, and experiences marked restriction in emotional expression. This individual's inability to form emotional bonds in marriage leads to a serious communication breakdown with their spouse — and they may not be fully aware of this situation or may be unable to change it. Antisocial personality disorder presents a far more severe and outward-facing picture. Individuals with this disorder prominently exhibit a lack of empathy, habitual lying, manipulation of others, absence of guilt, and a tendency not to refrain from harming others. This profile is often accompanied by physical or psychological violence. Antisocial personality disorder is not a mental illness; the individual's mental competence and legal capacity are intact. Therefore, an individual with this disorder cannot be exempted from moral and legal responsibility for their actions. When these two personality structures come together in a marriage, the resulting picture is deeply destructive. The man, rather than responding to the woman's emotional withdrawal with understanding, attempts to control her through pressure, violence, and manipulation. The woman withdraws further into herself, becomes unresponsive, and reaches a state of incapacity to ask for help. This vicious cycle becomes a source of chronic trauma for both the woman and, if present, the children. The most striking concrete illustration of this picture can be considered through the Cem Garipoğlu case. This case, representing the most extreme end of antisocial personality disorder, lays bare how this disorder can create destruction within a marriage. Could parents who have married their daughter to someone with this disorder possibly want their daughter to remain in that marriage simply because traditional understanding says "women have no right to divorce"? Everyone must confront this question and answer it with their own conscience. In such cases where women's right to divorce is effectively blocked, the following consequences emerge: The woman becomes physically and psychologically exhausted. Severe psychiatric conditions such as post-traumatic stress disorder, depression, and chronic anxiety may develop. Children growing up in this unhealthy environment may develop behavioral and emotional disorders. Since religious values are perceived as having been used as instruments of this injustice, faith crises deepen and society's understanding of religion is damaged. A Call for a Quran-Centered Approach In regulating divorce, the Quran has equally safeguarded the rights of both women and men, encouraged reconciliation and peace, and — when these prove impossible — established divorce as a legitimate and accessible means of exit. Within this framework, a healthy religious understanding should be grounded in the following principles:
- The Quran should be accepted as sufficient, and the narrations and interpretations of the legal schools should be viewed with a critical eye. Every tradition carries the imprint of the social conditions and power relations of its era; it is essential that these imprints not be conflated with the universal principles of revelation.
- Practices such as hullah should be rejected on both religious and moral grounds. These practices belong not to the understanding of marriage envisioned by the Quran, but to a distorted mentality that instrumentalizes religious rules.
- Women's right to divorce must be safeguarded within the framework the Quran has drawn. This right is not a concession or an exception — it is a fundamental human right that the Quran explicitly recognizes. Imposing the continuation of psychologically and physically harmful relationships as a religious obligation serves not the purpose of religion, but the hatred directed against it. The peace, justice, and compassion the Quran aims for can only be achieved through an understanding that preserves the dignity and free will of both parties. Divorce should not be a hastily made decision — but neither should it be withheld as the alternative to a lifetime spent in injustice. The justice envisioned by Islam requires precisely the establishment of this balance.
