In what cases is divorce (talaq) is regarded as a sin?

Dear Brother / Sister,

Islam is a realistic religion. That is, its decrees are based on the realities inherent in human nature. God Almighty, who knows man best, is aware of them and has allowed marriages that have become unbearable to be terminated:

“A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness.” (al-Baqara, 2/229).

“O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods...” (at-Talaq, 65/1).

The Prophet (pbuh) states the following:

“In the eye of Allah, the most abominable halal deed is divorce.”  (Abu Dawud, Talaq, 3)

As it can be understood from those verses, divorce is permissible. However, it is a remedy that should be resorted to in cases of necessity and obligation. Although that is the general decree on talaq, this decree depends.

For example, bid’i (unlawful) divorces are haram. It is makruh to legitimately divorce a woman who has no fault; it is mandub to divorce a woman who is not pious and chaste; it is fard to divorce a woman in case of incompatibility when arbitrators regard it necessary; and it is permissible to divorce an unloved wife.

Talaq as-sunnah is the form of divorce that is in accordance with the instructions of the Quran and Sunnah. This form of talaq has three basic conditions: The wife must not be in a state of menstruation, there must not be sexual contact after the woman is cleaned and the divorce must be made with only one talaq.

Talaq Bid’i: It is contrary to the Sunnah to divorce a woman in menstruation, after sexual intercourse in a state of cleanliness, or to divorce more than once in a state of cleanliness; so, they are called talaq bid’i. Since this type of divorce is forbidden by the religion, the husband who resorts to it becomes a sinner; nevertheless, the divorce is valid and has its legal consequences.

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