Divorce is the last step if a marriage cannot be maintained further in Islam. A few steps must be taken to confirm that all options are exhausted and that both parties are treated fairly.
Divorce Under Muslim Law: An Introduction
A spouse can take a divorce, which is considered the last step if they don't want to continue their marriage. According to Islam, a married life should be fulfilled with compassion, mercy, and tranquility. The blessing of a marriage cannot be dramatized. Both partners should lovingly fulfill their responsibilities and rights for the benefit of the family. To ensure the protection of both parties, it is required that they understand the process and are guided by relevant Islamic teaching. Initially, no marriage is contracted to break down, but a marital contract is broken in unexpected circumstances. The best way to break down such unions is to Divorce Under Muslim law. Below you'll find detailed information about this.
What is Divorce (Talaq) under Muslim Law?
The Muslim elders always advise Muslims seeking to divorce their wives to go for an initial meeting to re-think their decision to take divorce. A husband can give a divorce to his wife verbally or in writing. This process is known as Talaq if the husband believes they cannot live together any more in harmony after all efforts fail. Whenever a spouse declares a divorce, it is recommended that there should be two witnesses attending it.
A husband can only give divorce to his wife under certain conditions:
- While the wife is not mensurating.
- No physical relationship has been made since the start of the wife's last period.
When a husband declares divorce, the wife must wait three months or three mensuration cycles, called 'IDDAT.' The wife can reside in the same home during this period. During this period husband is responsible for the wife's maintenance and needs.
He may decide to use a procedure known as Ruju’ to make up with her at the Iddat.
During this IDDAT period, if the husband decides to use it to make up with his wife is known as Ruju, which can be expressed by resuming an everyday marital life or verbally. But after this waiting period, the couple can legally divorce if the separation decision remains.
Two witnesses should be there when the husband is taking his wife back (RUJU) before the end of IDDAT.
After three separate divorces, divorced men cannot remarry their wives.
A divorce certificate, also called Talaq Nama, will be signed by the petitioner in the presence of two witnesses and is approved by the Council. The lady is authorized to claim the whole sum of the dower from the man.
Procedure For Talaq (As Per Muslim Divorce Law)
- Download the Divorce Certificate Form or Talaq Form and fill it out. Then send it to Islamic Shari'a Council along with a brief explanation of your application.
- After receiving a correctly filled application form, the council will register the application. The application will not be accepted if any information or document is missing.
- The council will notify the wife regarding the divorce application via phone, postal mail, or email. They will question her if she wants any mediation or financial claims again, Mahr. The wife's response will forward to the husband by the council and take appropriate action. The council offer combined discussion with both sides because the Quran mandates mediation in such cases.
- If the wife ignores all the communications, the council will ask the husband to show her residency documentation.
- Council will issue a talaq document to the husband if both parties do not require mediation and the Husband (Mahr) has been paid. The wife will be notified about the signing date so that she can observe IDDAT. Two people must witness the signature.
- The council will provide original copies of the Islamic Divorce Certificate to both parties after Iddah is complete.
In conclusion, this single procedure of one Talaq will result in divorce. There doesn't need to be three Talaqs.
They only approve the Islamic Divorce. It will not handle the cases of the UK Legal System.