IMAM HUSAIN ISLAMIC CENTRE “Light of Guidance and Ark of Salvation”
March, 26 2017 - 2:22 PM 25 Jamadil Thani 1438

Divorce

Divorce

Divorce is allowed (halal) in Islam, however it is the least recommended of all things permissible. Thus, the Imam Husain Islamic Centre advises that all parties consider the uncertain and often unpleasant consequences of divorce especially on children. As a general piece of advice, the Imam Husain Islamic Centre recommends the parties to let their minds and intellect overcome their immediate emotions and anger.

Remembering God, the Forgiving the Merciful, is a secret key in keeping marriage successful.

Forgive, if you want to be forgiven.

However, should there still be failure in all possible attempts to reach reconciliation, separation from one another in a gentle and Islamic manner is advised, to temporarily avoid further cases of dispute and allow clear contemplation of the situation at hand.

Conditions of Revokable Divorce:

(This type of divorce is initially applied for by the husband)

  1. Giving the power of attorney to a certified Shi’ite scholar to conduct the divorce on his behalf.
  2. During the performance of divorce, the wife should not be menstruating and not have had any sexual intercourse since her last menstruation.
  3. The divorced female is not allowed to marry anyone else before the expiring of the “waiting period” which is 100 days commencing from the date of dissolution. This is primarily to avoid complications if the female happens to be pregnant in which case her waiting period extends until after her delivery.
  4. During the waiting period, the husband is still responsible for the protection and maintenance of his wife.
  5. During the waiting period, the husband is still responsible for the protection and maintenance of his wife.
  6. Before the expiring of the waiting period, the husband and wife may return to each other in marriage.

Conditions of Irrevocable Divorce:

(This type of divorce applied for by wife or both parties)

  1. The wife may detest her marriage and find it impossible to continue in her marital life.
  2. Reimbursing the marriage gift or Sedaaq (if she hasn’t already received it) or its equivalent, that the husband is satisfied with, is required.
  3. Conditions 1,2,3,4 and 5 apply as mentioned in revocable divorce. (In the event of the absence of the husband or his refusal to give the authority, any decision can only be made by the highest jurists.)
  4. Divorce applied by the wife is irrevocable by the husband and the case of reuniting is the wife’s decision only.

Procedure:

  1. A copy of a civil divorce must be obtained and a certified copy attached to your application for Islamic Divorce
  2. A copy of birth certificates must be presented
  3. A divorce application must be completed.

Fees apply for divorce services: Please contact us on info@ihic.org.au for further information and/or to obtain an appointment.

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