Methods of Divorce Under Sharia Law

Opting for separation after marriage can tear apart life of both a man and a woman. It is totally an uncalled situation that some couples have to go through if their marriage doesn't work. However, this can get very stressful if you're a parent to a child. In most Western countries, divorce is not considered as a big deal and there some regions like UAE which has a strict law with respect to divorce. It is a decision which ends a bond between a husband and a wife who had entered into a marital relation through nikah.

The Gulf country follows the Sharia Law and it has both federal as well as local courts. Though Sharia Law is responsible for looking into civil matters, it also has the right to hear matrimonial cases.

In the UAE, marriages between Muslims is based on contract that involves negotiation between the husband or his representative and wife's guardian. According to Sharia law, after husband and wife both separate, wife has the right to ask for compensation. It is mandatory for the husband to give his wife one-half of the previous two years' salary.

There are three methods to apply for divorce (Muslims) under the Sharia law:

Talaq

In this procedure, the man is allowed to divorce his wife: when his wife was not having menses, there was no sexual relation between the couple after his wife's last menses and he has the right to divorce her only once.

After the pronouncement of divorce, it is mandatory under sharia law that wife should observe the "idaah" or the "waiting period". During this time period, the husband is not allowed to indulge in any sexual activity with his wife.

A three month waiting period is given for Muslim women, during which the divorce can be canceled. The time period has been given to ensure reconciliation between the husband and wife. The waiting period is also given to receive clarification from the wife that whether she was conceiving or not at the time of initial pronouncement of divorce. This also helps to ascertain the paternity of the expected child and that the couple mutually agrees to go ahead with divorce. It is also necessary for the husband to be with his wife during the three months period.

The husband is allowed to revoke the divorce before the period of Idaah expires. He can cancel the divorce either verbally or physically. During the three months waiting period, if the husband is not successful at winning his wife back, then the couple are considered as completely divorced.

Li'an

Under this, a man may ask for divorce if he think his wife has engaged in adultery act or has an illegitimate child. This type of divorce can be opted by husbands if there are no positive or insufficient evidence to present before the court. A wife has the right the file a lawsuit against false adultery charges. It is to be noted that this type of divorce procedure in quite uncommon under Sharia law.

Khulu

In this divorce procedure, a woman has the right to revoke the marriage only if there is a genuine reason. A divorce that can be taken by woman if the wife find a man physically not attractive or if there some deformity, she can also cancel if the husband is overstrict, criticizes her or demoralizes her for small mistakes. A woman also has the right to apply for divorce if she find her husband is not religiously committed. Another reason for divorce can not letting the women to spend maintenance, clothing, and other essential requirements. Impotency and giving more time to co-wives are other reasons why a woman may ask for divorce.

Dr. Hassan Elhais is professional Divorce Lawyers Dubai, UAE, who has obtained a diploma in Private Law