Q&A for How to Get an Islamic Divorce

Generally speaking, divorce requires two witnesses, the man must give the divorce on his own volition (not being forced or compelled by anyone), and the woman must not be on her monthly cycle. These are the basic rules - consult your scholar for further details.

The woman has exactly the same rights when it comes to divorce as the husband. If she feels that the marriage cannot work out and reconciliation has failed, then she is allowed to divorce her husband (this is called khula), provided she follows all the legal procedures as well as the Islamic procedures, namely that she gives back part of her mahr (dowry)—but returning the dowry depends on the case.

Yes, absolutely! If either of the couple is unhappy in a married arrangement, then applying for divorce is allowed in all cases. If the husband is not taking responsibility for the child, the the wife is allowed to get divorced and marry someone else to take proper care of the child (or do it herself).

As they are both considered minors and below the age of discernment; according to the scholars, the mother has more right to them. Keep in mind that it does depend on the circumstances, such as the nature of the parent - the children should not be given to an abusive parent. The legal procedures must also be followed.

You must have a witness of sound mind, and must physically say it using your voice. Then the talaq and divorce can be done on papers.

No. Verbal divorce isn't legal. To file a proper divorce, it must be handled legally in court.

Not legally, no.

The 'Talaq' rule isn't even part of Islam, so it isn't a valid divorce. If you care about your kids, think accordingly. Don't separate the kids from their mother unless the children are in actual danger. Please be polite and considerate and don't follow stupid rules like the 'Talaq' rule.

There are no obligations. Just, Maher shouldn't be taken back by the husband if he had had intercourse with her. If he hadn't had, he can take back the Maher. It's advised by the prophet to send her back with some gifts as a gesture of goodwill and to keep the relationships between the families from worsening.

Well, it's solely personal preference. Discussing to her the religious teachings and helping her to understand is preferable. No one is perfect. And remember divorce is "worst of Halal things" in Islam.

She is first to be brought to repentance. If she does repent, you shouldn't divorce. If she doesn't, you can divorce her. Prophet PBUH said that the child is of whom, on whose bed he/she is born.

It's her personal preference. She has the right to divorce the current husband.

Before divorce, there must be valid reasons for divorce. According to Hadith, if you want to get a divorce, you must follow Islamic rules governing divorce.