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Page 2 of 5
Men Seeking Divorce
Due to
the financial responsibilities which he has to bear, the right to divorce in
Islam is primarily given to the husband. A Muslim who wishes to divorce his
wife is therefore advised - in the first instance - to ask for an arbitration
meeting, arranged by elders of the couple so that a reconciliation may be
reached. If such efforts fail and the man sincerely thinks he cannot live a
harmonious life with his wife, he may divorce her either verbally or in
writing. In both cases, it is recommended for there to be two witnesses present
on the occasion of the pronouncement of such a divorce.
A man
should (a) divorce only once and (b) only during the time when his wife is not
on her menses and (c) there has been no sexual contact with her since the time
of her last menses.
After a
divorce is pronounced by a husband, his wife must wait for a given period
('iddat'). During this period, the husband must live with his divorced wife in
the same house, while not having sexual relations with her: if, after this
waiting period, the husband fails to take his wife back, then the wife is
completely divorced, and must leave the matrimonial home immediately.
Upon
completion of the iddat, the man cannot take back a divorced wife until she has
subsequently married with a third party (in the presence of two legal
witnesses) and then consumated that marriage, prior to divorcing that third
party.
It is
also recommended to have two witnesses present in the case, where the husband
decides to take back ('ruju') his wife, before the end of the iddat.
Where a
man has pronounced three divorces, on three different occasions, he can neither
take back his former wife, nor remarry her.
The
Council issues a divorce certificate on the basis of "talaq nama",
signed by the applicant in the presence of two witnesses. The man is required
to pay the dower amount in full to the woman along with an agreed amount as a
remedy (mut'a).
Procedure for Talaq
1. All
new and prospective clients, whether they are male or female, must write, send
a fax or send an email to the Islamic Shari'a Council ('The Council'),
detailing the main reasons for their (the applicant) seeking a divorce.
2. Once
the Council is in receipt of this initial correspondence, an application form
is then sent to the applicant.
3. Upon
obtaining a fully completed application form with the relevant details from the
applicant - amongst which is included a contact address for the wife, and a
copy of the client's passport, nikkah nama / civil marriage certificate, decree
nisi / absolute - the Council will register the application. An application
will not be registered if any details or documents requested on the application
form are not included on or with a submitted application form.
4. The
Council will then send a talaq nama to the husband. He must sign this in front
of two witnesses and return it to the Council.
5. The
Council keeps the wife of the procedings by letter. The letter notifies the
wife that she has a period of thirty days in which to respond. If the Council
receives no response from the wife within this period, the Council will then
ask the husband to (a) verify the address of his wife, and (b) ensure that the
full amount of dower - agreed at time of marriage - has been paid in full: the
Council will only consider the full amount of dower to have been paid by the
husband, where this amount is indentical to the full dower amount, as
originally specified at the time of marriage.
6. After
all of the above stages have been reached, the Council will issue two original
copies of Islamic divorce; one will be sent, with the dower amount, by post to
the woman, and one copy will be forwarded to the applicant.
*The
Council conducts Islamic divorces only: it does not conduct cases as part of
the UK legal or judicial systems: for
advice regarding a civil divorce, please consult a qualified, legal
representative.
Download the application here.
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The Quran |
Chapter: An-Nazi'aat (79) Ayat(verse): 43 |
| 43 . Why ( ask they ) ? What hast thou to tell thereof? | |
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