About Islamic Divorce Law

Islamic law is very strict regarding divorce. In the tradition it should be avoided at all costs. As a last resort divorce can be considered. The strict laws require certain steps be taken, and there are only certain times in which divorce is allowed to be filed. 

Islamic law does not have a favorable view regarding divorce. Even though it is strongly recommended against, it is understood that it is necessary from time to time. The requirements and steps necessary are extremely precise.

The View of Divorce

Of course, the view is one that is not very desirable. It should be done as a last resort. If you fear that your partner will not be able to abide by the marriage as ordered by Allah then divorce is acceptable and blameless.

Contract of Marriage

A prenuptial agreement is a condition of marriage that has been done for centuries in the Islamic religion. It is seen as a legal agreement where both partners are allowed to outline the stipulations of their marriage in their contract.

The Procedure

The husband has the ability to divorce his wife 3 times. This is more seen as a separation period as opposed to a divorce. A waiting period of 3 months will have to be gone through after each separation period. The declaration is not allowed to be made when the woman is menstruating. This is to ensure that the wife is not pregnant. The couple will live in the same house but stay in different bedrooms.

The Conditions

The only way a divorce is acceptable is if there is what is seen as a hopeless failure by one or by both of the parties to successfully fulfill their duties in the marriage. It is acceptable if there is a long absence without any type of information. Any long imprisonment, impotence or disease, insanity, desertion or misrepresentations are also acceptable conditions.