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Divorce in Islam

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  • Divorce in Islam

    Assalamualaikum,

    Unfortunatley I am about to go through a divorce and am on here to ask for some advice. I have tried to reconcile with my wife over the last couple of months and have also tried with family elders without any successful outcome so unfortunatley it has come to divorce. I am unsure about the divorce process in Islam and have the below questions?

    1. How do you do a divorce in islam? do I just say 'I divorce you?' and thats it. If so do I need to say it three times or just once and if I say it three times does it have to be over three months?

    2. When we got married we got a marriage certificate that was signed by witnesses, do we have to do something similar for a divorce?

    3. I did not want a divorce, it is my wife that wants it so I think it is fair that she requests it. I think this is called Khul'a. What is the process or this and is there a formal procedure?

    4. As it is my wife that wants a divorce and not myself should she give back the Mahr?

    Any advice would be greatly appreciated.

    Thankyou

  • #2
    Re: Divorce in Islam

    1. You say you are divorced or something similar, and your wife goes through a waiting period known as iddah, during this time you can reconcile. If the iddah is over you are seperated and you can remarry. You can do this process thrice and after that you becomes semi permanently haram for each other.

    2. Saying 3 talaqs at once is an innovation but they will take place according to the overwhelming majority of scholars and you will be come permanently divorced. A minority opinion says only one divorce will take place.

    3. There should be 2 witnesses when divorcing your wife, but IDK whether it's mandatory or not, (I'm not sure about this witnesses part so take it with a grain of salt).

    4. If your wife wants Khul', this is different from divorce. In this case she uses her mahr to buy her freedom from you, so you get your mahr back.

    http://islamqa.info/en/26247
    You think you know more than my scholar's qiyās? He was more learned than you and all other scholars combined. Yeah, the devil was the greatest scholar too and look where his qiyās of fire being better than tīn got him. Sorry.

    You follow your scholar's qiyās, and I will follow the Qur'ān and Sunnah.

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    • #3
      Re: Divorce in Islam

      Originally posted by Valdal
      what if shes asking for the devorce because husband done something bad? affiar or beat. does still have to give the mahr backk?

      asking this in general, i am no accusing OP brother of doin this to his wife
      Yes if it's khul' she has to give back mahr

      however if the husband is truly bad she can take this to a sharia court where the qadhi can annul the marriage and then she won't have to give the mahr back (I'm NOT sure about this last sentence, so take it with a grain of salt)
      You think you know more than my scholar's qiyās? He was more learned than you and all other scholars combined. Yeah, the devil was the greatest scholar too and look where his qiyās of fire being better than tīn got him. Sorry.

      You follow your scholar's qiyās, and I will follow the Qur'ān and Sunnah.

      Comment


      • #4
        Re: Divorce in Islam

        Thanks for the response.

        What is the process of Khula? what does she have to do and does she need to invole an Imam?

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