FAQs
Divorce in Sharia
The most common is talaq, which literally means “release.” Talaq is a unilateral repudiation of the wife by the husband, and does not require the wife’s consent. She must observe a waiting period of approximately three months to be sure that she is not pregnant; then she is free to remarry.
According to sharia law, there are two reasons a wife may he granted divorce: When she can prove that the husband did not have intercourse with her or more than three months or if the husband does not provide her with what she needs for living such as food and shelter.
- Application. The first task is to submit your application form to the Sharia Council.
- Notification. The council will then notify your wife.
- Dower. The council will then check if all your dower obligations have been met.
- Divorce. You will then be issued your Islamic divorce certificates.
Divorce According to Islamic law
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq (repudiation (marriage)), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court).[1] Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory.[2][3]
In modern times, as personal status (family) laws have been codified, they generally have remained “within the orbit of Islamic law”, but control over the norms of divorce shifted from traditional jurists to the state.[4][5]