How long does islamic divorce take

When there is disharmony between spouses, divorce should not be the first solution. Reflecting this sentiment, it is reported that the Prophet Muhammad said that of all things permitted, divorce is the most hated by God. Moving from scripture to the realm of jurisprudence, the term divorce encompasses several means of ending a marriage.

She must observe a waiting period of approximately three months to be sure that she is not pregnant; then she is free to remarry. During this period, however, a husband who has repudiated her by talaq has the right to take her back unless it is the third such repudiation, which is final and irrevocable.

Read more. A repudiated wife retains the dower she received at marriage or, if it was divided into a prompt and deferred portion, the deferred portion becomes immediately due at divorce. In some cases, women set a large deferred dower as a disincentive for their husbands to divorce them impulsively. Again, she must observe a waiting period. Acceptable grounds for divorce vary widely among the legal schools.

For the most part, family members would prefer the opportunity to help while it is still possible. If this attempt fails, after all due efforts, then it is recognized that divorce may be the only option. The couple proceeds to a divorce.

The procedures for actually filing for divorce depend on whether the move is initiated by the husband or the wife. When a divorce is initiated by the husband, it is known as talaq.

The pronouncement by the husband may be verbal or written, and should only be done once. If the wife initiates a divorce, there are two options.

In the first case, the wife may choose to return her dowry to end the marriage. She forgoes the right to keep the dowry since she is the one seeking to break the marriage contract. There is no blame on either of them if she gives something for her freedom. In the second case, the wife may choose to petition an Imam for divorce, with a cause. She is required to offer proof that her husband had not fulfilled his responsibilities.

In this situation, it would be unjust to expect her to also return the dowry. The Imam makes a determination based on the facts of the case and the law of the land.

In Canada, a separate legal process of divorce is required. This usually involves filing a petition with a local court, or a registry observing a waiting period, attending hearings, and obtaining a legal decree of divorce. This legal procedure may be sufficient for an Islamic divorce if it also satisfies Islamic requirements.

In any Islamic divorce procedure, there is a three-month waiting period before the divorce is finalized. After a declaration of divorce, Islam requires a three-month waiting period called the iddah before the divorce is finalized. During this time, the couple has time to calm down, evaluate the relationship, and perhaps reconcile. Sometimes decisions are made in haste and anger, and later one or both parties may have regrets. During the waiting period, the husband and wife are free to resume their relationship at any time, thus ending the divorce process without the need for a new marriage contract.

But they must record the reconciliation with the Imam. Another reason for the waiting period is a way of determining whether the wife is expecting a child. If the wife is pregnant, the waiting period continues until after she has delivered the child. During the entire waiting period, the wife has the right to remain in the family home and the husband is responsible for her support.

If the waiting period is completed without reconciliation, the divorce is complete and takes full effect. However, the husband continues to be responsible for the financial needs of any children, through regular child support payments. In the event of a divorce, children often bear the most painful consequences. Islamic law takes their needs into account and makes sure that they are cared for.

The financial support of any children—both during a marriage or after divorce—rests solely with the father. Different jurists have established various opinions on how this might best be done.

Some have ruled that custody is awarded to the mother if the child is under a certain age, and to the father if the child is older. Others would allow older children to express a preference.

Generally, it is recognized that young children and girls are best cared for by their mother. Since there are differences of opinion among Islamic scholars about child custody, one might find variations in local law.

In all cases, however, the main concern is that the children are cared for by a fit parent who can meet their emotional and physical needs. After the waiting period is over, the divorce is finalized.

It is best for the couple to formalize the divorce in the presence of the two witnesses, verifying that the parties have fulfilled all of their obligations. If mediation is not required by both parties or is unsuccesful, and the Mahr has been paid, the office will issue a Talaq document to the husband. The wife will be informed of the date on which this is signed so she can observe Iddat. The document must be signed before 2 witnesses.

Once the Iddah has been completed, the office will issue original copies of the Islamic Divorce Certificate to both parties. Please be aware that this process counts as one Talaq and the couple will be divorced by it. Sharia does not require 3 Talaqs to take place. Skip to content Email: info islamic-sharia. 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.