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How Is Divorce Obtained Under Islamic Law - Family - Nairaland

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How Is Divorce Obtained Under Islamic Law by normac: 4:47pm On Jan 25, 2012
Good day house, please I would like to find out how a man married under Islamic Law can obtain a divorce from his wife, as in the procedure involved. Many thanks in advance
Re: How Is Divorce Obtained Under Islamic Law by normac: 6:02pm On Jan 25, 2012
No replies, please guys, anyone?
Re: How Is Divorce Obtained Under Islamic Law by mutter(f): 6:16pm On Jan 25, 2012
A man can divorce his wife by pronouncing the divorce, mere words. He however cannot pronounce divorce while she is menstruating and must wait for 3 periods before sending her away.If she is pregnant he has to wait for her delivery before sending her away. He can also take her back without any formality. This he can do twice. The third time he pronounces divorce he cannot go back to her unless she marries someone else and divorces. This new marriage and divorce should not be planned so as to return to the wife. A wife however needs to go to court.
Re: How Is Divorce Obtained Under Islamic Law by Nobody: 6:18pm On Jan 25, 2012
If it was just conducted in a Mosque and no court certificate all d husband needs to do is to write a divorce certificate for the wife, if its a warning he can divorce her once but if wants a final divorce he will divorce her 3 times. Depending on d reasons behind d divorce he is expected to pay her a settlement
Re: How Is Divorce Obtained Under Islamic Law by Araboy(m): 6:29pm On Jan 25, 2012
Not every divorce is commendable in Islam some cases of divorce are disliked or even forbidden because they entail

destruction of the family which Islam takes care to build and form

Quran stated "The most Halal (permissible thing )  to Allah is divorce" Surah 2:102

In Islam divorce should be only justified if the two parties failed to reconcile after several attempts of counseling

A Muslim man can't divorce his wife when he is drunk  angry or under pressure

He can't divorce her in her menstrual period

He should know that he would be responsible of her maintenance during next 3 months ten days  after the divorce

As a Muslim man can initiate the divorce through an Imam Qadi ( Muslim Judge) or even a regular person

You have to make the divorce public it has to be written and witnessed by two other persons

A woman can also initiate a divorce but that is not our subject for now
Re: How Is Divorce Obtained Under Islamic Law by ifyalways(f): 6:34pm On Jan 25, 2012
You'd get detailed replies @ Islam for Muslims section.

Its basically 3 steps.
Initiation:Pronouncing Talaq to your wife publicly.
Reconcilation:Family and friends come in and initate reconcilation.The couple makes love within this period and the divorce pronounciation is voided.
Completion:If after a certain time(i think 60 days) from day of intiation and reconcilation,the couple are yet to settle their differences then the divorce takes effect.

Btw,hope this is not about you?
Re: How Is Divorce Obtained Under Islamic Law by mutter(f): 6:37pm On Jan 25, 2012
There are different islamic schools and views. The divorce by a man can be by mere pronouncation and without witnesses
Re: How Is Divorce Obtained Under Islamic Law by Araboy(m): 6:59pm On Jan 25, 2012
There are different schools of thought in Islam and there are separate rules for divorce ( Talaq ) according to Madhab

some don't require witness but some do especially the school  Malekite which is mainly followed in North and west

Africa United Arab Emirates and Kuwait

husband can initiate the divorce process by pronouncing Talaq saying 'i divorce you" the first two times maybe

withdrawn but the third time is irrevocable

Most scholars views the triple Talaq (divorce) in one sitting as Haram ( forbidden )

Sunni and Shia agreed on the 3 steps of divorce

1- Initiation

2-reconciliation

3- completion

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