Knowhow-Now Article

After Divorce Islam Life And Challenges

After divorce Islam life and challenges have earned earnest curiosity and controversy around the world for the longest time. Just like marriages from other religions, Islamic marriages are born out of commitment to bring out love and tranquility. Nevertheless, in Islam marriage is a mutual contract from a legal point of view. In order for it to take place, consent from both parties are required. It is a common notion that parents from both parties intervene and has great influence among their children’s decision to marry but ultimately, the man and woman involved makes the final decision. Even if they were persuaded by their parents to pursue the marriage, it is still up to them to stay committed and make this union work.

Talaq

When the husband is the one initiating the divorce process, it is called “Talaq.” This divorce carried out by the man is either written or spoken three times. After this, there is a waiting period of 12 weeks also known as the “Iddat.” At this time, sexual intercourse between the two parties is prohibited even if they are still living under the same roof. This waiting period was established so that hasty decisions can be avoided that might only have been triggered by anger. This is also done to determine if the woman was impregnated even before the Talaq has taken place. If the divorce proceedings continue, then the man has to pay fully the amount of the dowry or “Sadaq” or “Mahr,” which is a contractual gift coming from the husband to be given to his wife that was promised and is stipulated in their marriage contract.

Khul

After divorce Islam life and challenges is quite different for a woman. A woman also has the right to initiate the divorce process, although this is rare. Based on their Islamic laws and procedures she has two options for getting a divorce from the husband. One is for her to have an internal agreement with her husband for him to allow her to be released from their marriage (Vatuk, 3). This divorce initiated by the wife is also called “Khul.” If ever this negotiation fails because the husband refuses to release her from their marriage, the wife has the right to escalate the issue to the Muslim courts in order to be granted the divorce according to Muslim law. When a woman is using “Khul” during the divorce, she has no choice but to return the full amount of dowry paid for by her husband because she decided to leave which therefore breaks the marriage contract.

The Qazi

On the other hand, if she prefers the option of the Muslim courts intervening, the wife needs to consult a Qazi prior to making trips to the Muslim court. The Qazi is there to listen to the grievances of the woman and even offers some advice to arrive at any chance for reconciliation. If the woman is firm with her decision and still wants to proceed with the divorce, the Qazi will then have to process the paperwork necessary and then send it to her husband as a “registered letter, written on official letterhead, summoning him to come on a specified date and time to discuss the matter,” (Vatuk, 9-10). The Qazi will then meet with the husband and hear his side. The Qazi will again offer some advice and if this does not work, will suggest instead for the husband to grant divorce in Talaq. If he refuses this because he will be obliged to pay the rest of the Mahr, he now has the option to grant her divorce in Khul. When he finally accepts this, the Qazi then gathers the needed paperwork and the number of witnesses for the procedure. In Khul the spouses have the liberty to arrange for bargaining agreements. In India however, it is a common practice for wives divorced in Khul to forfeit payment of their Mahr in exchange for their desired freedom.

After divorce Islam life and challenges can indeed be difficult but it can be overcome with determination and sheer will.

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