“Marriage in Islam is a sanctified bond that should not be broken except for compelling reasons. Couples are instructed to pursue all possible remedies whenever their marriages are in danger. Divorce is not to be resorted to except when there is no other way out. In a nutshell, Islam recognizes divorce, yet it discourages it by all means. Islam does recognize the right of both partners to end their matrimonial relationship. Islam gives the husband the right for divorce. Moreover, Islam grants the wife the right to dissolve the marriage.” [1]

Islam Discourages Divorce

“The Prophet of Islam told the believers that: "Among all the permitted acts, divorce is the most hateful to God". A Muslim man should not divorce his wife just because he dislikes her. The Quran instructs Muslim men to be kind to their wives even in cases of lukewarm emotions or feelings of dislike:

"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" (Quran 4:19)

Prophet Muhammad gave a similar instruction: "A believing man must not hate a believing woman. If he dislikes one of her traits he will be pleased with another". The Prophet has also emphasized that the best Muslims are those who are best to their wives: "The believers who show the most perfect faith are those who have the best character and the best of you are those who are best to their wives" " [2]

The Procedure of Divorce in Islam

“The procedure of divorce in Islam is such as to encourage reconciliation where possible. After divorce the woman should wait three monthly cycles during which her husband remains responsible for her welfare and maintenance. He is not permitted to drive her out of the house during this period. She has been advised not to leave the house of the divorcing husband, in order to enhance the chances of reconciliation, as well as to protect her right of sustenance during the three months waiting period. The main purpose of this waiting period is to clarify whether the divorced wife is or is not expecting a child. Its second use is as a cooling-off period during which the relatives and other members of the family or of the community may try to help towards a reconciliation and better understanding between the partners. The Qur'an says:

"If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, God will cause their reconciliation: For God hath full knowledge, and is acquainted with all things." (Quran 4:35)

If they are reconciled they may resume the marriage relations at any time within the waiting period, whereupon the divorce is automatically revoked. If further trouble arises and divorce is pronounced a second time, the same procedure is followed. Only if the matter reaches a third divorce does it become irrevocable. The wife is then to leave the house and is free after three monthly cycles to marry another man if she wishes. The first husband is not then permitted to remarry her unless she has in the meantime married another man and been divorced in usual legal manner.The law of Islam does not therefore compel unhappy couples to stay together, but its procedures help them to find a basis on which they can be reconciled with each other. If reconciliation is impossible the law does not impose any unnecessary delay or obstacle in the way of either partner's remarriage.” [2]

Women’s Rights in Islamic Divorce

Prophet Muhammad (peace be upon him) teaches us that a true Muslim believer is the shepherd of his household and should be gentle and patient with his wife’s needs and grievances. The prophet (peace be upon him) said, “…The man is a custodian of his family and he will be asked about his charges [on the Day of Judgment]…”But not every marriage is perfect and long-lasting and in cases where divorce is inevitable, Islam protects women’s social rights, both emotionally and financially.  Let us first look at how the Qur'an safeguards women emotionally by setting down for all true believers a sound moral system.    

Protecting Women

“By proclaiming “We send down in the Qur'an that which is a healing and a mercy to the believers,” (Quran 17: 82) Allah states that Islamic morality will always direct people toward the good and that the Qur'an's verses are a mercy for them. These verses, revealed to create contentment and justice among people, guarantee the rights of women in both their social and family lives.

In addition, the verse “We bring you the truth and the best of explanations” (Quran 25: 33) makes clear the fact that the Qur'an contains all of the knowledge needed to find the value, love, and respect that they deserve in every aspect of their lives. This is a great mercy, comfort, and gift from Allah for all believers, including women as well as men. When people behave according to the Qur'an’s morals, all disputes over the role and place of women in society, as well as the controversy surrounding them in unbelieving societies, will certainly come to an end. We will now explore some of the verses that guard women's social rights and reveal their importance and value in Islam's moral system.” [3]

Divorcing in Kindness and Justice

“Allah commands men to divorce their wives in the best possible way: "When you divorce women and they are near the end of their waiting period, then either retain them with correctness and courtesy or release them with correctness and courtesy" (Quran 2: 231). Pursuing only Allah's good pleasure, they treat their ex-wives with tolerance, compassion, politeness, respect, and thoughtfulness, thereby continuing their former loving and respectful manner toward each other.” [3]

Guaranteeing Divorced Women's Financial Security and Property

 “Allah reveals that a sincere Muslim man must guarantee his ex-wife's financial security in order to safeguard her continued financial well-being:

 “For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous....” (Quran 2: 241) ” [3]

“If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the marriage gifts he has given her. The Quran explicitly prohibits the 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?" (Quran 4:20)

In the case of the wife choosing to end the marriage, she may return the marriage gifts to her husband. Returning the marriage gifts in this case is a fair compensation for the husband who is keen to keep his wife while she chooses to leave him. The Quran 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:

"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 give something for her freedom. These are the limits ordained by Allah so do not transgress them" (Quran 2:229).” ” [1]

Housing Divorced Women

“When it comes to housing an ex-wife, Allah proclaims: “Let them live where you live, according to your means. Do not put pressure on them, so as to harass them. If they are pregnant, maintain them until they give birth…” (Quran 65: 6)

Believing men are required to meet their ex-wives' every need, both material and otherwise, so that they will not fall upon hard times. First, the ex-wife must be housed until a suitable home can be arranged for her. If she is pregnant, her former husband must cover all of the costs associated with her health and care until she gives birth. What truly matters here is that believing men act in a thoughtful and understanding manner, whatever the circumstances may be, and ensure that the ex-wife's financial and other needs be met so that she will not experience any hardship. All of these matters must be resolved as prescribed in the Qur'an.” [3]  

Source: 

[1] http://www.islamicity.com/Mosque/w_islam/divorce.htm 

[2] http://www.jamaat.org/islam/WomanDivorce.html 

[3] http://api.fmanager.net/api_v1/productDetail.php?dev-t=EDCRFV&objectId=2990