How to Get an Islamic Divorce
Think carefully about the divorce., Get an arbiter., If all else fails, file for divorce., Observe the waiting period of three months, or 'iddah., Decide who gets the child custody., Finalise the divorce after the 'iddah.
Step-by-Step Guide
-
Step 1: Think carefully about the divorce.
Is it necessary? Think long and hard about who is going to be affected
- the children; the family; yourselves? In Islam, divorce is only a last resort if it is not at all possible to continue a marriage.
When a marriage is falling apart, both spouses should try their best to bring the relationship back together; they should evaluation their relationship and reconcile.
Find forgiveness and patience for your partner and communicate them about why you may think things are not working out
- perhaps your partner is particularly stressed or upset about something, thus leading to a negative behaviour.
If, however, you think divorce is the only option, move on to the next step. -
Step 2: Get an arbiter.
The Qur'an says, "And if you fear a breach between the two, appoint an arbiter from his relatives and an arbiter from her relatives".
A marriage affects the whole family, and it is vital for family elders to attempt at reconciliation.
Some people are reluctant to get their family involved; in this case, you can speak to an independent marriage counsellor, although they are detached from the issue. , Divorce, or talaq, is different for the husband and wife.
In Islam, there is a three-month waiting period before the divorce is finalised.
The husband's divorce pronouncement can be verbal or written, but it must be done once. The wife is able to keep the dowry, or mahr, with her.
If, however, the wife initiates the divorce, she can either return her dowry to end the marriage, or petition a judge for divorce.
She must show proof that her husband has not fulfilled his responsibilities. A separate legal process of divorce may also be required, in which attending hearings and obtaining a legal decree of divorce are required. , The couple may live in the same house, but must sleep apart.
The 'iddah gives the couple a chance to calm down and perhaps reconcile, as decisions are often made in haste.
The 'iddah is a way of determining whether the wife is expecting a child
- if so, the waiting period continue until after she has delivered the child.
If the 'iddah is completed, the divorce is complete.
The husband's financial responsibility to the wife ends, and she returns to her own family home.
Do note that the husband is still responsible for the financial needs of any children.
During the 'iddah, the couple is free to resume their relationship, ending the divorce process.
The wife has the right to remain in the family home, and the husband is responsible for her wellbeing. , Islam requires that the custody must go to a Muslim who is in good health physically and mentally and can meet the children's needs.
Some judges allow preference of the children, while others award the custody to the mother if the child is under a certain age, and to the father if older.
The main concern must be that the child is cared for by a responsible parent who can meet the needs of the child. , This is encouraged to do in the presence of two witnesses.
After this, the wife is free to remarry.
It is discouraged to have a yo-yo relationship, nor engage in blackmail. -
Step 3: If all else fails
-
Step 4: file for divorce.
-
Step 5: Observe the waiting period of three months
-
Step 6: or 'iddah.
-
Step 7: Decide who gets the child custody.
-
Step 8: Finalise the divorce after the 'iddah.
Detailed Guide
Is it necessary? Think long and hard about who is going to be affected
- the children; the family; yourselves? In Islam, divorce is only a last resort if it is not at all possible to continue a marriage.
When a marriage is falling apart, both spouses should try their best to bring the relationship back together; they should evaluation their relationship and reconcile.
Find forgiveness and patience for your partner and communicate them about why you may think things are not working out
- perhaps your partner is particularly stressed or upset about something, thus leading to a negative behaviour.
If, however, you think divorce is the only option, move on to the next step.
The Qur'an says, "And if you fear a breach between the two, appoint an arbiter from his relatives and an arbiter from her relatives".
A marriage affects the whole family, and it is vital for family elders to attempt at reconciliation.
Some people are reluctant to get their family involved; in this case, you can speak to an independent marriage counsellor, although they are detached from the issue. , Divorce, or talaq, is different for the husband and wife.
In Islam, there is a three-month waiting period before the divorce is finalised.
The husband's divorce pronouncement can be verbal or written, but it must be done once. The wife is able to keep the dowry, or mahr, with her.
If, however, the wife initiates the divorce, she can either return her dowry to end the marriage, or petition a judge for divorce.
She must show proof that her husband has not fulfilled his responsibilities. A separate legal process of divorce may also be required, in which attending hearings and obtaining a legal decree of divorce are required. , The couple may live in the same house, but must sleep apart.
The 'iddah gives the couple a chance to calm down and perhaps reconcile, as decisions are often made in haste.
The 'iddah is a way of determining whether the wife is expecting a child
- if so, the waiting period continue until after she has delivered the child.
If the 'iddah is completed, the divorce is complete.
The husband's financial responsibility to the wife ends, and she returns to her own family home.
Do note that the husband is still responsible for the financial needs of any children.
During the 'iddah, the couple is free to resume their relationship, ending the divorce process.
The wife has the right to remain in the family home, and the husband is responsible for her wellbeing. , Islam requires that the custody must go to a Muslim who is in good health physically and mentally and can meet the children's needs.
Some judges allow preference of the children, while others award the custody to the mother if the child is under a certain age, and to the father if older.
The main concern must be that the child is cared for by a responsible parent who can meet the needs of the child. , This is encouraged to do in the presence of two witnesses.
After this, the wife is free to remarry.
It is discouraged to have a yo-yo relationship, nor engage in blackmail.
About the Author
Jason Hernandez
Enthusiastic about teaching cooking techniques through clear, step-by-step guides.
Rate This Guide
How helpful was this guide? Click to rate: