Islamic Divorce for Women

Written by april khan
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Islamic Divorce for Women
In Islam, women can initiate a divorce. (Muslim woman image by DXfoto.com from Fotolia.com)

In Islam, women are allowed to initiate a divorce. This can be done on grounds of irreconcilable differences, abuse or the failure of her husband to adhere to his religious obligations. Even though Islam recognises the right to divorce, it is highly frowned upon.

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Islam

Islam is a monotheistic faith with over two billion followers worldwide. The followers of Islam are called Muslims. Muslims adhere to a holy book called the Koran.

Women and No-fault Divorce

Muslim women can initiate a 'khul' (no-fault divorce), if they feel their marriage is beyond repair. In this type of divorce, the woman will have to pay back her dowry, since she is considered to be the contract breaker. The husband and wife have to wait three months, then the marriage is considered dissolved.

Women and Fault Divorce

If a Muslim woman initiates a divorce based on the fact that the husband is not fulfilling his duties as stated in the Koran, she must go to a judge and petition for divorce. If the man initiates this type of divorce and she contests, he can either take her back or continue the proceeding.

Complications in Divorce

If the husband refuses divorce or, during the waiting period, stops providing for her or their family, she is encouraged to go to an imam (community leader) or to her guardian (father, brother etc.) to arbitrate. Even if the husband contests the divorce, if she no longer wants to remain married, she will be granted the divorce.

Consequences of Divorce

In Islam, there are no consequences to getting divorced and the divorced woman is supposed to be treated well. After the three-month waiting period, the woman may remarry. In some Islamic cultures, however, getting a divorce is considered a huge embarrassment to the family and the woman may be ostracised by the community.

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