Q&A for How to Get an Islamic Divorce

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We both want talaaq and we are both Muslim. How fast can we get talaaq?

Community Answer

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.

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Question

Under what circumstances can a Muslim woman file divorce against her husband?

Sobi

Top Answerer

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.

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If a husband doesn't take any responsibility for his children, can a wife can apply talaq?

Community Answer

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).

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Who gets custody of an 11-year-old girl and 8-year-old boy?

Sobi

Top Answerer

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.

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Question

How does a wife know she is talaq if the husband wrote it on a piece of paper?

Idris Karim

Community Answer

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.

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Question

My husband has given me divorce verbally and we both don't want to live with each other. So is the divorce final?

Community Answer

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

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My husband and I lived in the same house for 2 years, but in different bedrooms. In that period of time, we did not speak to each other or have sex. Are we divorced?

Community Answer

Not legally, no.

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Question

I already said the Talaq, but we still have to stay in the same house because of Singapore law. Should I chase her from the house and ask her to go home her parents' house? How about my kids?

Community Answer

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.

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Question

What are the financial obligations of the man towards his ex-wife if there are no children?

Ayisha A. Gill

Community Answer

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.

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Can a husband divorce his wife if she does things outside of Islam (like a tattoo for example)?

Ayisha A. Gill

Community Answer

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.

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If a woman commits adultery, can she be divorced and who keeps custody of the three year old child?

Ayisha A. Gill

Community Answer

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.

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Question

What happens when a woman is in a relationship with another man and wants to divorce the current husband?

Ayisha A. Gill

Community Answer

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

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Question

I don’t love my wife anymore. If I make one talaq, do I have to stay in the family home for the 3 months of idaa?

D. Seikh

Community Answer

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.

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