Islamic Divorce

 It is one of the rules heavily in Islam (Divorce)
Islamic divorce is also known as a “divorce Talaq and allows a man to divorce his wife under Islamic rules. It is also possible for a woman to divorce her husband but the husband must accept and if not then it must go through the Islamic courts.

Islamic divorce is recognized in the United Kingdom, in certain circumstances. If an Islamic divorce is conducted in the United Kingdom then it will not be valid under British law. A divorce Talaq only valid in the United Kingdom if it was conducted in a country which recognizes Talaq divorce as a method of legally binding divorce. Talaq divorce is recognized in Bangladesh and Pakistan and, therefore, if both parties to the marriage had their habitual residence or domicile in Bangladesh or Pakistan and that is where the divorce took place, it would be recognized in the United Kingdom.

Islamic divorce in Bangladesh or Pakistan will be valid only if certain conditions are met. The husband must inform the President of the Council Chamber where the couple lives and must notify the spouse. After the period of iddat, twenty-six days after the marriage, the divorce will be finalized, unless the husband has decided not to divorce his wife.

Islam allows divorce if circumstances warrant or require. Islam has allowed divorce, nor regret, nor taste to recommend it. The Prophet of Islam said,

“Among lawful things, divorce is most hated by Allah.” (Reported in the book of tradition of Abu Daud).

Islam has not made it necessary that the grounds for divorce should be made public. He, however, does not mean that Islam views divorce lightly. In fact, the publicity of reasons can be a positive consequence. The reasons may not be pronounced, but real. On the other hand, the patterns can be identified and may actually be false. Islam does not also want to wash dirty linen in public or private matters before the court, except in exceptional circumstances. It is for this reason that the Court is a last resort in the Islamic regime of separation of husband and wife.

The Quran states that ground for divorce in very general terms,

“And if you fear that the two (husband and wife i. e) may not be able to keep the limits ordained by Allah, there is no blame on either of them if she redeems herself (from the bond of marriage) .. ” (2:229)

The wife may divorce her husband if this condition is stipulated in the contract of marriage. This type of divorce is called “delegated divorce (Talaq Taffiz). Marriage may be dissolved by mutual consent. This is called Khula in the technical language of Islamic law. Marriage may be dissolved by a judicial proceeding by the court on the compliant woman on the grounds previously explained.

One of the consequences of divorce is the beginning of the waiting period for women. This usually lasts three months. If a pregnancy, it lasts as long as pregnancy. The waiting period is essentially a probationary period during which reconciliation can be attempted. It is also necessary to establish whether the woman has conceived. It also allows time to plan the future.

Keeping the woman during the waiting period is the husband. The woman can not be evicted from his place of residence and can not in any way harass. These are moral as well as criminal.

After divorce, children remain in the custody of their divorced mother. However, the father must provide the cost of maintenance of young children through the products remain under the custody of the mother. (Ref: The Family Structure in Islam .