Islam gives the husband the right to talaq (to divorce) his wife. Moreover, Islam also grants the wife the right to dissolve the marriage. If a husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the marriage gifts he has given her. The explicitly prohibits divorcing husbands from taking back their marriage gifts no matter how expensive or valuable these gifts might be: ‘But if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back. Would you take it by slander and a manifest wrong?’ (4.20). In the case of the wife choosing to end the marriage, she may return the marriage gifts to her husband. A reason for this is that it is compensation for the husband who wishes to keep his wife while she chooses to leave him. The has instructed Muslim men not to take back any of the gifts they have given to their wives except in the case of the wife choosing to dissolve the marriage, and then it seems to be permissible for him to accept the gifts, albeit not compulsory: ‘It is not lawful for you [men] to take back any of your gifts except when both parties fear that they would be unable to keep the limits ordained by Allah. There is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah so do not transgress them’ (2.229).
The hadith and literature are very supportive of marriage and critical of divorce. Just disliking a spouse is no reason for divorce—‘Live with them [your wives] on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good’ (4.19). But, ‘As to those women on whose part you fear disloyalty and illconduct, [1] Admonish them, [2] refuse to share their beds, [3] beat them; but if they return to obedience’ seek not against them means of annoyance, for Allah is most high, great. [4] If you fear a break between them, appoint two arbiters, one from his family and the other from hers. If they wish for peace, Allah will cause their reconciliation’ (4.34–35). The hadith literature is usually quite clear that the Prophet emphasizes gentleness and harmony in marital relations, but the sanction of force is always present and has to be acknowledged.
Sura 65 is entitled al-Talaq (the Divorce) and adds details to the earlier discussion of the topic in sura al-Baqara. There is a waiting period in divorce: ‘Divorce may be pronounced twice; then the wife may either be kept back in fairness or allowed to separate in fairness’ (2.229) ‘And the divorced women [after the pronouncement of the divorce] must wait for three monthly courses…and their husbands are fully entitled to take them back [as their wives] during this waiting period, if they desire reconciliation’ (2.228). ‘Then, if the husband divorces his wife [for the third time], she shall not remain lawful for him after this divorce, unless she marries another husband…’ (2.230). ‘When you marry believing women, and then divorce them before you have touched them, they do not have to fulfill a waiting period, the completion of which you may demand of them’ (33. 49). ‘And if those of you who die, leave wives behind, the women should abstain [from marriage] for four months and ten days’ (2.234). The rules prescribed in these verses were as follows: a man can declare three times that he is divorcing his wife, with the first two times setting the stage for the last declaration upon which the divorce is final. Until the last declaration they are still married, but once he has uttered the divorce formula for the third time, they are not. They can then only marry by remarrying, after she has married someone else and either herself been divorced again or become a widow.
Triple, instantaneous, verbal talaq is often regarded as repugnant to the spirit of Islam. It has been called by Islamic feminists which means ‘talaq of the wrong innovation’. The clear instruction in the can be found at 2.226, which instructs that talaq must be pronounced twice (in two months) and then (a woman) must either be retained in honour or released in kindness. Further, it says that it is not lawful that you take from women anything which you have given them. The commandment is clear. Talaq has to be pronounced twice with an intervening period in which to rethink, reconsider and reconcile. Here, the important instruction is to take time, and, once again, take more time, during which period there should be interlocutors from both sides to try to mediate the conflict. After the second talaq, there is still an intervening period, during which time the husband has to think about the two choices available to him; either to reconcile with his wife in an honourable way or to pronounce the third (irrevocable) talaq with kindness and allow her to go. At the end of the third interval, he must exercise this choice. But then follows the absolute command. If he decides to let her go, he must do so ‘without taking from the woman anything you have given her’. The spirit of the towards the process of divorce and the divorced woman, as reflected in this command to the man, is imbued with sensitivity towards gender.
The same command is repeated in aya 241 of the same sura as a reminder to Muslims that in matters of talaq (as in other matters) women must be treated with utmost kindness. The is replete with passages outlining the proper and egalitarian treatment of women. Muslims are commanded never to create impediments if a divorced woman wishes to contract another marriage. If a Muslim wants to exchange one wife for another he is commanded not to take anything from her, even if he has given her a pile of gold (4.20). In the same sura, Muslims are commanded to return the wife’s mehr (dowry) with good grace, unless she decides to defer it of her own free will.
Talaq is permissible in the only if there is a complete breakdown of marriage. Parting of ways must be graceful, and utmost care is taken to inflict no suffering on the woman. The common practice of impulsively uttering talaq thrice all at once, or writing talaq three times on a postcard, or getting a qadi to write it down, is often criticized as against the spirit and letter of the Just as the man is permitted talaq, so also is the woman permitted to take khula. In this matter, as in all others, women and men have equal rights in Islam. In sura al-Baqara (2.228) women are said to have the same rights over men as men have over women. In 2.229 a woman is permitted to end a difficult married life by taking khula (initiating divorce), although she has to go through the qadi, unlike the man who does not have to fulfil this condition. This condition was stipulated, once again, to protect the woman because of the possibility of a patriarchal backlash. If the woman for good reasons takes khula, and if she forfeits part of her mehr of her own free will, it is permissible. Yet many women are obliged to act as though a virtuous wife has to forfeit her mehr altogether. But the clear instruction in Islam is that even if a wife takes divorce, she is entitled to mehr, although she may of her own free will give up part of it as a bargain for her freedom. The intervention of a qadi is then desirable in protecting her rights to control what is rightfully hers in the case of a divorce that she initiates.
explicitly prohibits divorcing husbands from taking back their marriage gifts no matter how expensive or valuable these gifts might be: ‘But if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back. Would you take it by slander and a manifest wrong?’ (4.20). In the case of the wife choosing to end the marriage, she may return the marriage gifts to her husband. A reason for this is that it is compensation for the husband who wishes to keep his wife while she chooses to leave him. The 
has instructed Muslim men not to take back any of the gifts they have given to their wives except in the case of the wife choosing to dissolve the marriage, and then it seems to be permissible for him to accept the gifts, albeit not compulsory: ‘It is not lawful for you [men] to take back any of your gifts except when both parties fear that they would be unable to keep the limits ordained by Allah. There is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah so do not transgress them’ (2.229).
literature are very supportive of marriage and critical of divorce. Just disliking a spouse is no reason for divorce—‘Live with them [your wives] on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good’ (4.19). But, ‘As to those women on whose part you fear disloyalty and illconduct, [1] Admonish them, [2] refuse to share their beds, [3] beat them; but if they return to obedience’ seek not against them means of annoyance, for Allah is most high, great. [4] If you fear a break between them, appoint two arbiters, one from his family and the other from hers. If they wish for peace, 
in divorce: ‘Divorce may be pronounced twice; then the wife may either be kept back in fairness or allowed to separate in fairness’ (2.229) ‘And the divorced women [after the pronouncement of the divorce] must wait for three monthly courses…and their husbands are fully entitled to take them back [as their wives] during this waiting period, if they desire reconciliation’ (2.228). ‘Then, if the husband divorces his wife [for the third time], she shall not remain lawful for him after this divorce, unless she marries another husband…’ (2.230). ‘When you marry believing women, and then divorce them before you have touched them, they do not have to fulfill a waiting period, the completion of which you may demand of them’ (33. 49). ‘And if those of you who die, leave wives behind, the women should abstain [from marriage] for four months and ten days’ (2.234). The rules prescribed in these verses were as follows: a man can declare three times that he is divorcing his wife, with the first two times setting the stage for the last declaration upon which the divorce is final. Until the last declaration they are still married, but once he has uttered the divorce formula for the third time, they are not. They can then only marry by remarrying, after she has married someone else and either herself been divorced again or become a widow.
which means ‘talaq of the wrong innovation’. The clear instruction in the 
can be found at 2.226, which instructs that talaq must be pronounced twice (in two months) and then (a woman) must either be retained in honour or released in kindness. Further, it says that it is not lawful that you take from women anything which you have given them. The commandment is clear. Talaq has to be pronounced twice with an intervening period in which to rethink, reconsider and reconcile. Here, the important instruction is to take time, and, once again, take more time, during which period there should be interlocutors from both sides to try to mediate the conflict. After the second talaq, there is still an intervening period, during which time the husband has to think about the two choices available to him; either to reconcile with his wife in an honourable way or to pronounce the third (irrevocable) talaq with kindness and allow her to go. At the end of the third interval, he must exercise this choice. But then follows the absolute command. If he decides to let her go, he must do so ‘without taking from the woman anything you have given her’. The spirit of the 
towards the process of divorce and the divorced woman, as reflected in this command to the man, is imbued with sensitivity towards gender.
is replete with passages outlining the proper and egalitarian treatment of women. Muslims are commanded never to create impediments if a divorced woman wishes to contract another marriage. If a Muslim wants to exchange one wife for another he is commanded not to take anything from her, even if he has given 
only if there is a complete breakdown of marriage. Parting of ways must be graceful, and utmost care is taken to inflict no suffering on the woman. The common practice of impulsively uttering 
Just as the man is permitted 
