How to Get an Islamic Divorce: 6 Steps
Introduction:
In Islam, marriage is considered a sacred bond that brings two individuals together. However, there are instances when the union doesn’t work out, and divorce becomes necessary. Islamic divorce is a process that must be followed according to Sharia law. Here are six steps to guide you through the Islamic divorce process.
Step 1: Attempt Reconciliation
Before opting for divorce, the couple must attempt reconciliation. This involves discussing the issues they face and seeking solutions. The couple may involve close family members or friends in their discussions or seek professional marital counseling. If these attempts fail, they can proceed with the Islamic divorce process.
Step 2: Initiate Talaq (the Pronouncement of Divorce)
Talaq is initiated by the husband pronouncing his intention to divorce the wife three times. Alternatively, the wife can submit a written request for divorce from her husband, which he has 30 days to respond to.
The couple should then wait for the iddah (waiting) period before they make their decision final. This period lasts for three lunar months and gives them time to reconsider their decision.
Step 3: Seek Assistance from a Muslim Arbitrator
If reconciliation efforts fail and talaq has been pronounced or requested, a Muslim arbitrator can be consulted for guidance. It’s desirable to have one arbitrator from each spouse’s family to help both parties communicate their concerns and reach an amicable resolution.
Step 4: Complete Divorce Documentation
In countries with Islamic law, the couple must register their divorce at a local Sharia court. If residing in a non-Muslim country, consult an attorney familiar with Islamic family law who can guide the process in accordance with local legal procedures.
Step 5: Fulfil Rights and Obligations
Islam sets certain rights and obligations in marriage, including mahar (dower), custody of children, and financial support. As part of the divorce process, all rights and obligations must be resolved. The husband must pay the wife her dower if not given at the time of marriage. An agreement on child custody and financial support should be made according to Sharia law.
Step 6: Re-Evaluate and Move On
It’s essential to reflect upon the lessons learned from the marriage and divorce experience to ensure personal growth and healing. Consult a religious leader or counselor for guidance in embracing new life changes after divorce.
Conclusion:
Islamic divorce may be a painful process, but it also allows individuals to move on in their lives while adhering to Allah’s laws. By following these six steps, those seeking an Islamic divorce can navigate the process with dignity, respect, and a commitment to Islamic principles.