Divorce and Remarriage

Divorce — the legal ending of a marriage — is one of the most sensitive topics in religious ethics. Both Christianity and Islam recognise that marriages can break down, but they differ significantly in how they view and handle divorce. This lesson explores the religious teachings and ethical issues surrounding divorce and remarriage.

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Key Terms

Term	Definition
Divorce	The legal dissolution of a marriage
Annulment	A declaration that a marriage was never valid in the first place
Separation	Living apart while still legally married
Remarriage	Marrying again after a divorce

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Christian Views on Divorce

Catholic Teaching

The Roman Catholic Church teaches that marriage is a sacrament that cannot be dissolved:

• Divorce is not recognised — a valid sacramental marriage cannot end
• Annulment is possible if the marriage was never valid (e.g. one partner was forced, unable to consent, or concealed a serious issue)
• Remarriage after divorce is not permitted (unless an annulment is granted)
• Divorced Catholics who remarry without annulment cannot receive Communion

"Therefore what God has joined together, let no one separate." (Mark 10:9)

Protestant Views

Most Protestant churches take a more compassionate approach:

• Divorce is regrettable but sometimes necessary (e.g. in cases of abuse, adultery, or abandonment)
• Jesus allowed divorce in cases of marital unfaithfulness: "except for sexual immorality" (Matthew 19:9)
• Remarriage is generally permitted after divorce
• The Church of England will sometimes conduct a service of blessing after a civil remarriage

Orthodox Christian View

• Divorce is allowed but seen as a spiritual tragedy
• The Church may permit a second or even third marriage, but with a penitential tone
• The marriage service for a second marriage is less celebratory than the first

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Islamic Views on Divorce

Islam permits divorce but considers it the most disliked of permissible things:

"Of all the lawful things, the most hated by Allah is divorce." (Hadith, Abu Dawud)

How Divorce Works in Islam

Type	Process
Talaq	Divorce initiated by the husband. He pronounces "talaq" (divorce) and observes a waiting period (iddah) of three months. During this time, reconciliation is encouraged.
Khul	Divorce initiated by the wife. She requests divorce, usually returning her mahr (dowry). This can be granted by an Islamic court or scholar.
Faskh	An Islamic judge dissolves the marriage due to serious issues (e.g. abuse, neglect, impotence).

The Iddah (Waiting Period)

After divorce, the wife observes an iddah (waiting period):

• Usually three menstrual cycles (approximately three months)
• Purpose: to determine if she is pregnant, and to allow time for possible reconciliation
• During the iddah, the husband is responsible for the wife's maintenance

Remarriage in Islam

• Remarriage is permitted and encouraged after divorce
• There is no stigma attached to remarriage in Islamic teaching
• Both men and women may remarry

Exam Tip: Note the key difference: Catholicism does NOT permit divorce; Islam permits divorce but strongly discourages it. Be able to explain and compare these positions.

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Comparing Christian and Islamic Views

Issue	Catholic Christianity	Protestant Christianity	Islam
Is divorce allowed?	No (only annulment)	Yes, reluctantly	Yes, but disliked
Grounds for divorce	N/A (annulment grounds exist)	Adultery, abuse, abandonment	Various grounds; both partners can initiate
Is remarriage allowed?	Only after annulment	Generally yes	Yes, and encouraged
Attitude	Marriage is permanent and indissoluble	Divorce is regrettable but sometimes necessary	Divorce is lawful but hated by Allah

flowchart TD
    A["Marriage in<br/>serious difficulty"] --> B["Counselling /<br/>reconciliation first"]
    B --> C{Resolved?}
    C -->|Yes| D[Marriage continues]
    C -->|No| E{Tradition?}
    E -->|Catholic| F{"Was marriage<br/>ever valid?"}
    F -->|No - lacked consent| G["Annulment:<br/>remarriage possible"]
    F -->|Yes| H["No divorce:<br/>separation only"]
    E -->|Protestant /<br/>Anglican| I{"Adultery, abuse,<br/>abandonment?"}
    I -->|Yes| J["Divorce regretted<br/>but permitted;<br/>remarriage allowed"]
    I -->|No| B
    E -->|Islam| K["Talaq / Khul / Faskh<br/>+ iddah waiting period"]
    K --> L["Reconciliation<br/>still encouraged"]
    L --> M["Divorce finalised:<br/>remarriage permitted"]

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Ethical Considerations

Argument	For allowing divorce	Against allowing divorce
Welfare	People should not be trapped in abusive or unhappy marriages	Marriage vows are sacred and should not be broken
Children	Children may be better off with separated parents than in a conflict-ridden home	Children are often harmed by divorce
Forgiveness	Divorce allows people to start again	Religious teachings encourage forgiveness and reconciliation
Commitment	Some situations are beyond repair	Easy divorce undermines the institution of marriage

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Impact on Believers Today

• Divorce rates in the UK are high (approximately 42% of marriages end in divorce)
• Religious communities provide support for those going through divorce (counselling, support groups)
• Many Christians and Muslims who divorce experience feelings of guilt or failure
• Religious leaders are increasingly focusing on marriage preparation to prevent divorce

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Summary

Divorce is a complex and sensitive issue in both Christianity and Islam. While the Catholic Church maintains that marriage is permanent and indissoluble, Protestant churches and Islam take more pragmatic approaches, recognising that marriages sometimes irretrievably break down. Both religions agree that divorce should be a last resort and that support and reconciliation should be offered wherever possible.

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Worked Example: Divorce After the UK "No-Fault" Reform

The Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, introduced no-fault divorce in England and Wales. Previously, under the Divorce Reform Act 1969, a spouse had to prove one of five "facts" (adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation). Under the new law, either spouse — or the couple jointly — can apply simply by stating that the marriage has broken down irretrievably. There is a minimum period of 26 weeks, and the other spouse can no longer contest the divorce.