Posted by DivorceLine in Divorce in Islam
Divorce in Islam is highly discouraged but the Koran provides for divorce by either a man or a woman. Ideally, the intention of marriage is to cultivate harmony, kindness and love in Islam, but sometimes this is not what usually happens. Koran provides general instructions for the process of divorce with emphasis on both parties to uphold values of kindness and justice while ending of their marriage. (See Koran 2: 224-237). Koran advices each party to hire an arbitrator as the first step to help in reconciliation during the divorce process. If the reconciliation step fails to bear fruits, both parties are guaranteed the right to divorce according to the Koran.
There are major differences in Islamic divorce depending on the party that initiates the divorce process. The divorce initiated by a man is known as Talaaq. The announcement by the husband may be written or verbal. Once the announcement is made, a waiting period of three months, known as ‘Iddah, issued during which there can be no intercourse, even if the two are living in the same house. The waiting period allows the couple to reconsider their decision and at the same time see whether the wife is pregnant. If the wife is found to be pregnant, the waiting period is extended until she gives birth. During this waiting period, the husband is obligated to supports his wife financially.
If the woman initiates a divorce (Khul’) and the man is not responsible, the wife should return her dowry to terminate the union because she is the cause of divorce. In case of Talaaq and the man is responsible, the woman is allowed to keep the entire dowry. The husband is also required to pay the dowry in full if he was yet to complete the payment.
In case the man is at fault and the woman is considering a divorce, she can appeal to the judge for divorce, with a solid reason(s). The wife will be required to proof that her husband had not met his marital duties. The judge can grant the wife a conditional divorce if she can specify certain conditions that are recognized as grounds for Islamic divorce.
There is a debate concerning the idea that men seem to have supreme power in getting a divorce. Scholars have shown that if a man instigates a divorce, then the reconciliation step is overlooked. This controversy originates from a Koran command (see Koran 2: 228 and 4: 34). This verses shows that men were given greater rights than women when it comes to divorce because they are the financial supporters and leaders of their households.
Laws regarding divorce in many Muslim countries are based on what the Koran says about the subject. The lately, there has been controversy regarding the children custody in case of a divorce. Koran advises the husband and wife to confer with each other in a reasonable manner regarding the children custody after divorce. When it comes alimony, the Koran commands the ex-husband to take care of his ex-wife financial obligations; however, it fails to provide a formula to calculate the specific amount. Divorce in Islam can only be understood well if extensive awareness and education is carried out to dispel the controversies that surround this subject.
