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When the civil divorce is recognised Islamically? |
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The right of divorce is primarily with the husband in the Shari'a. A decree of divorce issued by a civil Court will be valid if:
1. The husband is the petitioner, or:
2. The Husband consents to the divorce in writing.
If neither of the above is the case, then the wife may apply for an Islamic divorce through the Council. An application for divorce by the wife is known as Khul'a, a condition of which is that the wife returns to the husband any Maher (dower) or jewellery she received from him, if he so demands.
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