Divorce in Islam

Divorce In Islam

In Islam there are separate rules for divorce for men and women under the terms of Islamic law (sharia). When a man has initiated a divorce the procedure is called ṭalāq (Arabic: الطلاق‎). When a woman has initiated a divorce it is called khula (Arabic: خلع‎).

Shia and Sunni Muslims have different rules for performing an Islamic divorce. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the one, two or triple talaq. Sunni also believe it to be wrong and against various Hadiths but accept it as final especially Hanafi schools of jurisprudence if a man did utter it, i.e. the triple talaq in one go. The view on acceptability of this varies amongst the four Sunni groups of Islamic schools of jurisprudence. In all Sunni schools of jurisprudence, the each talaq utterance should be followed by a waiting period of one month where where the couple are supposed to try to reconcile with the help of mediators from each family, until the third and final talaq.

It is also possible for a woman to petition a qadi (judge of Muslim jurisprudence) for a divorce under certain conditions. The circumstances which are regarded as acceptable vary amongst the 4 Sunni groups of Islamic schools of jurisprudence.

Shi'a scholars view the triple talaq (in one sitting or at one time) as a pagan pre-Islamic custom, forbidden by Muhammad, but reinstated by Umar ibn al-Khattab, and thus sinful (haraam). Shi'a practice requires two witnesses followed by a waiting period where the couple are supposed to try to reconcile with the help of mediators from each family. If the couple breaks the waiting period, the divorce is voided. Since Shi'a view Islamic divorce as a procedure stemming from a conflict rather than a decision, they do not use the procedure to end a temporary marriage.. The Shi'a annul the temporary marriage at the end of the period, without any divorce being involved, since it's duration was predetermined at the outset, and there is not necessarily a conflict to resolve.

Such type of temporary marriage is not permitted in Sunni Islam, and is regarded as sinful and not even considered a marriage. Although, Sunni's accept it was permitted in the early days of Islam but subsequently prohibited by prophet Muhammad in various Hadith.

After the waiting period is over, the couple is divorced and the husband is no longer responsible for the wife's expenses, but remains responsible for the maintenance of the children, until they are weaned .