Thalaq or divorce, from literally just been symbolizes disharmony and hatred, it was hated, the Prophet SAW said that divorce is forbidden by Allah. Though hated but divorce is halal, Islam opened the door to divorce. Outstripping divorce is a divorce three, one and two because divorce can refer (back) during the wife's still in that period. Divorce, as in the case of marriage, arranged in the literature of Islamic law, including the source ie the Qur'an and the Sunnah of the Prophet. In the study of jurisprudence from time to time also take the discussion surrounding the divorce because divorce procedures not specified in detail in the Qur'an and the Sunnah of the Prophet. While cases that occur are as varied and complex. Wedlock and divorce are also arranged in the legislation that was termed by positive law. The purpose of this study is to find out how divorce three conditions according to classical jurisprudence and positive law in Indonesia. The method used in this study is the method of literature research (library research), which is studying the classical scriptures of the mu'tabar in four schools and legislation on marriage and other resources related to do a comparison. The results showed that there were some differences between the provisions of divorce three classic books of jurisprudence and positive law in Indonesia.