Although divorce is discouraged, Islam contains provisions allowing for divorce if necessary. Islam requires that arbitrators be used in the first step to aid reconciliation, according to Muslim Women's League. Islam also requires a three month waiting period, which is known as 'iddat, during which the man is required to support the wife. Sexual relations are prohibited during 'iddat.
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When the man initiates the divorce it is called talaq. The husband may initiate the divorce verbally or in writing, according to Muslim Women's League. If the husband is at fault in a talaq divorce, he is required to pay the dowry in full if payment had not been completed before.
Khu or Khula
If the wife initiates the divorce and the husband is not at fault, it is called khu or khula. In this type of Islamic divorce, the wife must give her dowry to the husband, according to Muslim Women's League.
When the wife and the husband have developed a mutual aversion and hatred to one another, this Islamic divorce is known as mubarat. In this type of Islamic divorce, the woman must give some type of property or payment to the man, according to Al-Islam.org.
Divorce by Court
A woman may divorce a man through a court of law if the husband is at fault. However, the woman would be required to offer proof her husband has broken the marriage contract, claimed Muslim Women's League. The judge would ultimately determine if the man is at fault or not. This determination will be based upon facts of the case and applicable laws.
Sometimes a woman may have included specific conditions in her marriage contract. It is the husband's responsibility to fulfil these conditions, claimed Muslim Women's League. If he fails to do so, the woman may use the court of law to obtain a conditional divorce.
If a man is not allowed to take back his wife after divorce, it is known as an irrevocable divorce. A divorce is irrevocable if the wife is under nine years of age, if the woman is in menopause, if the husband is impotent, or if the woman has been divorced three times, reported Al-Islam.org. Islam also considers khula and mubarat divorces irrevocable. This is also true if the husband the husband is not prepared to financially support his wife.
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