Divorce is the last stage in married life. According to the Qur'an, Allah (The Most High) says that He (The Most High) put mercy and love between a husband and wife (Surah Ar-Rum, 21). Also the journey of Marriage is a journey of helping each other to perfect ourselves (Surah Al-Baqarah, 187): They are your covering and you are their covering. When it comes a moment that one of the parties dislikes the other, we are reminded by the Qur'an that Allah (The Most High) might put a lot of blessings in what we dislike (Surah An-Nisa, 19).
Which means that decisions should not be made in haste. When things accelerate, then the spouses should take time to speak and seek mediation, and if all of that does not work, and they get to the conclusion that the marriage cannot continue harmoniously, the husband can initiate the divorce. It is highly recommended that they do the divorce in front of two credible witnesses.
Give divorce only once (saying the word "talaq")
It should be outside the wife's menstrual period
There should have been no physical relationship since the time of the wife's last menstrual cycle
After a divorce is pronounced by the husband, his wife must wait for a given period of 3 months or 3 menstrual cycles ('iddat'). During this period, the wife is allowed to stay in the same house and the husband is responsible for her welfare and maintenance. He may choose during the Iddat to reconcile with her, in a process known as Ruju'. This can be a verbal statement or resuming normal marital life. If, after this waiting period, the husband fails to take his wife back, then the couple are completely divorced.
It is also recommended to have two witnesses present when the husband decides to take back ('ruju') his wife, before the end of the iddat.
Where a man has pronounced three divorces, on three different occasions, he can neither take back his former wife, nor remarry her.
The Commission issues a divorce certificate on the basis of "Talaq", signed by the applicant in the presence of two witnesses. The man is required to pay the dowry amount in full to the woman.
Putting a case on hold
The case can be put on hold or withdrawn at any time during the process, but only before the Panel have made a final decision. The case can be put on hold for a maximum period of one year, as the parties may wish to reconcile. After this period has passed, a fresh application will be required.
Faskh
A Khul'a takes place when the husband consents to his wife's request for a divorce. If the husband refuses consent, Islamic law permits qualified scholars, judge and Imams to dissolve the marriage. This is known as Faskh (judicial dissolution).
Civil Divorce
If the couple have participated in a civil marriage, the Commission of Fatwa and Sharia Affairs only deals with Islamic marriage contracts and Islamic divorce contracts. It does not deal with Civil Divorce matters. Civil divorce cannot replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah. Marriage in Islam is considered to be a civil contract with a strong religious element.
Iddah (waiting period) for divorcee
The divorced woman is not permitted to re-marry during the period of the Iddah. According to the majority of Muslim scholars, the Iddah for Khul'a is the same as Talaq, which is three menstrual cycles or three months. But Abu Dawud, Tirmidhi and Ibn Majah have narrated Ahadith that the Prophet (saws) prescribed Iddah of one month only for Khul'a. We leave it to the conscience of each individual regarding which opinion to follow.
Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 in the Quran, there is no Iddah if the marriage was not consummated.
Dowery (Mahr)
The Dowery (Mahr) is the gift given by the husband to his bride at the time of marriage, and it should be recorded in the marriage contract. In the process of Khul'a, the wife is usually required to return the Dowery (Mahr) if the husband ask for it. The scholars of the Commission will however take into consideration the length of the marriage, whether there are children, whether the husband supports his children financially and so forth before deciding on the issue of Dowery (Mahr). The scholars are guided by frequent exhortations in the Quran advising husbands to avoid greed and to part company with peace and goodwill.
The remit of the Commission is as follows:
The Commission shall exclusively provide advice and services that pertain solely to Sharia law (Islamic law).
The Commission and its esteemed panel members are not permitted to extend their advice or services to matters that intersect with the laws of England and Wales. Consequently, the following matters fall under the jurisdiction of the laws of England and Wales:
1. Financial relief or any financial matters governed by the Matrimonial Causes Act 1973 or TOLATA 1996.
2. Child-related issues, including contact, residence, and other matters concerning the children of the marriage, governed by the Children Act 1989.
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