Procedures of Talaq

Divorce means termination of marriage which is called Talaq in Arabic. According to Sharia, Talaq/divorce is considered legitimate only if the couple under go divorce procedures of the following steps in accordance with Holy Quran:

  • Private conversation.
  • Silence
  • Abstinence from intercourse but sleeping on the same bed
  • Sleeping in same room but separate bed
  • Sleeping in separate rooms
  • Arbitration for reconciliation
  • Intervention of Sharia Authorities
  • Separation
  • Settlement
  1. Husband and wife are given first option to resolve misunderstanding between each other , the husband takes lead in asking his wife aiming at understanding each other, if she explain the problem or mistake and ask for forgiveness, its mandatory for the husband to accept her request and pardon her with respect love and care. If She is not a person who is understanding her mistake and continue to misbehave, the husband must be serious to an extent of punishing her physically if she becomes aggressive until she obeys him.
  2. Separation of sharing bed and conversation as a way of expressing your unsatisfactory to her actions. The husband must stop sleeping in same bed with her, or if possible not in the same room after talking to her as the next option if continue with her behaviors considered unacceptable by husband. Separation of bed and conversation must not last more than three months.
  3. If She does not respond to those two above steps taken, then arbitration between both husband and wife takes place by calling a family reconciliation meeting that be attended by equal number of family members of the wife and family members of the husband. purpose of family reconciliation meeting is to reconcile between husband and wife so that they forgive each other and start new marriage life together to avoid divorce to take place. Sharia rules that if your invited to attend a family reconciliation meeting, its a must to attend because you may save marriage by your attendance as a family member. Even if you do not to get involved, you must attend to listen and follow up of decision taken.
  4. Family reconciliation meeting seat three times with all possible efforts to reconcile the married couples and save their marriage. If after three seating , no reconciliation is reached, the reconciliation meeting must forward the affairs to Imam of the Masjid near by or any office in charge of Muslim affairs who set a date of hearing of their case. The Authority in charge of Muslim affairs must come with conclusions as options for married couples to choose: One conclusion must be settlement , two must be divorce. If both husband and wife choose divorce, the Authorities give married couples three months period to proceed with divorce or to change their minds and keep marriage. If at the end of three months (90 days) they couples insist to end their marriage, divorce procedures begins that include sharing of belongings and children. According to Sharia of Islam, anything that has been given to a wife by her husband as a gift belongs to her either big or small, such as house or a small Jewell, its is not included in the belongings to be shared at the time of divorce.