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PROCEDURE OF A DIVORCE

Answered according to Hanafi Fiqh by DarulUloomTT.net
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QUESTION:

Message Body:
What are the procedures of conducting a divorce through islamic rights…

ANSWER:

As Salaam Alaikum,

In Islamic teachings, a divorce comes about through the utterance of ‘divorce’ by the husband to the wife.

If the husband utters a statement to his wife such as, ‘I divorce you’ or ‘I have divorced you’ or ‘you are divorced from me’ or ‘you are a divorced woman’ then, immediately his wife becomes divorce, even though there was no written statement or signature.

Although the divorce given in the above manner is valid and it takes effect, a husband is encouraged to follow the manner prescribed by the Shariah while giving a divorce to his wife. The correct procedure is:-

  1. Divorce should be given when the wife is in a state of purity, when she is clean after her menses, and the husband did not have sexual relation with her.
  2. When giving divorce, the husband should give only one divorce. Therefore, he should say, ‘I divorce you’ or any similar statement, without adding numbers like two or three to the divorce.
  3. It is best to give the divorce in the presence of two witnesses.
  4. After giving the divorce, the woman will pass her iddah (waiting period) in the marital home, and the husband must not ask her to leave the home. During this period, the husband is required to provide maintenance for her.

 

And Allah Knows best

Mufti Waseem Khan

28/11/2017

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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