Tuesday, November 21, 2017 - 2 Rabi' al-Awwal 1439
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A woman filing for divorce, what is the procedure?

A woman filing for divorce, what is the procedure?

Answer

What I have outlined is the process that meets Islamic requirements. The family laws of Muslim countries differ in their details. I cannot answer according to the law in force in any Muslim country. The person concerned should consult a competent scholar or lawyer. There are also some differences among schools of jurisprudence concerning the details that result from khul’ but these need be looked into according to each individual case.What I have outlined is the process that meets Islamic requirements. The family laws of Muslim countries differ in their details. I cannot answer according to the law in force in any Muslim country. The person concerned should consult a competent scholar or lawyer. There are also some differences among schools of jurisprudence concerning the details that result from khul’ but these need be looked into according to each individual case.stify;">Khul' is the name given to the termination of marriage at the wife's request and in return for remuneration to the husband. It is different from filing for divorce. From the Islamic point of view, a woman can file for a divorce for a variety of reasons, such a husband’s ill-treatment, stinginess, negligence of duties, etc… When such a petition is made, a judge will look into the case. If he rules in favor of a divorce, the woman is divorced and receives all her rights, including any outstanding portion of her mahr [dowry].

In khul', a woman does not have to give any reasons for her desire to end her marriage. She must therefore refund her husband all the mahr he paid her. In cases of khul’, Islam requires that a woman file a divorce petition with a court or person of competent authority. The judge will then summon the husband and settle the matter, outlining the rights of the two parties.

In both divorce and khul', a woman must observe the idda [waiting period] which lasts for the duration of three menstrual periods or three intervals of cleanliness between menstruations. The husband may reinstate the marriage during idda if he so wishes, but this applies to a revocable divorce that he has initiated. If it is a khul' case, he cannot reinstate the marriage. When the idda ends, the process is complete. Needless to say, all material rights of both parties should be settled within this period, unless they willingly agree on some other procedure.

 

Related links
» Is it possible to initiate khul' before requesting divorce from my husband?
» Repayment of mahr in case of divorce filed by the wife
» Returning to husband during the idda after khul'
» Is the (shabka) jewelry offered as token of love to the bride returned after she files for divorce?
» What are the rights of a woman who is divorced through khul'?