Islamic Sharia Divorce
In Islam, nikkah is a marriage contract, considered as a sacred bond. The Qur’an refers to this as a ‘serious contract’ where both parties have been allocated certain responsibilities to be carried out towards each other with sincerity to God. God acknowledges these deeds as worthy of reward, therefore a Muslim should strive and make a genuine effort to build a harmonious home with their spouse in order to earn these easy yet heavy rewards. Marriage [nikkah] may only be conducted with full consent from both parties, in the case of the female the approval of her wali (guardian) is also required. A Muslim woman may only make nikkah with a Muslim man. A Muslim man may make nikkah with a Muslim woman or chaste woman from the people of the book ahl kitab.
Legal age, sane and mature Muslim
Full consent from both parties (free will)
Proof of identity (passport or driver’s license)
The right of divorce is given to the husband unless stated otherwise in the Marriage [nikkah] contract. Talaq is to be a last resort, after all, other efforts of reconciliation have been attempted and unsuccessful.
Talaq is also the responsibility of the husband, who should use it with wisdom and avoid it at all costs if possible. He is advised to exert all necessary efforts for reconciliation, following the guidance of Islam. To discuss and resolve the marital issues, or select a member from each family to arbitrate, seek the help of the Imams and so on. After all efforts of reconciliation are exhausted and the matters remain unresolved, in this case, talaq is the permissible to end the marriage between the husband and the wife, amicably and equitably.
Divorce & Khula
Difference between Divorce & Khula
Talaq (Arabic: الطلاق) is the Islamic term for divorce. A talaq is used to end a marriage, or nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.
It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses and allows a husband to end a relationship by saying the triple talaq, whereas Shi'a scholars view the triple talaq (in one sitting or at one time) as ajahiliyya a custom, forbidden by Muhammad, but reinstated by Umar ibn al-Khattab, and thus forbidden. Sunni scholars agree to the facts, but deem it halal ("lawful") anyway.
Khula (Arabic:خلع) is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.
After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as a conclusive and decisive factor.
A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.
According to Surrat al-Baqarah - Verse: 229 (( Divorce may be (pronounced) twice, then keep (them) in good fellowship or let (them) go with kindness; and it is not lawful for you to take any part of what you have given them unless both fear that they cannot keep within the limits of Allah; then if you fear that they cannot keep within the limits of Allah, there is no blame on them for what she gives up to become free thereby. These are the limits of Allah, so do not exceed them and whoever exceeds the limits of Allah these it is that are the unjust ))
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