by Michael H. Jenkins, Demand Media

Divorce is subject to strong restrictions in Islam.

Divorce is a difficult subject, as it touches on sensitive emotional and financial issues, and varies widely between cultures and nations. In Islam, divorce is carefully governed by both scripture and tradition so as to protect the rights of all parties involved.

ISLAMIC VIEWS ON DIVORCE
Divorce in Islam is regulated by the Qur’an, which discusses at length the laws regarding divorce, the reasons one may seek it and the process by which it is achieved. While either the wife or the husband may pursue a divorce, the laws regarding the dissolution of their union differ by gender. Additionally, Sunnis and Shiites, or members of the two major Islamic sects, have slightly different laws regarding the issue, stemming from varying interpretations of the Qur’an and of the hadith, which are collections of sayings attributed to the prophet Muhammad, but not found in the Qur’an.

TALAQ
A Muslim husband may initiate a divorce at will, by uttering the Arabic word “talaq,” which means, “I divorce you.” This must be uttered three times, though the first two utterances may be withdrawn, thus removing the threat of divorce. Upon the third utterance, however, the divorce is irrevocable. Most Islamic scholars interpret the Qur’an — particularly Sura 65, Verse 1 — as forbidding the “triple talaq” from being delivered all at once. Instead, Muslims must follow a three-stage process. The first is initiation, which requires that the husband say talaq in the presence of his wife. The second is a waiting period in which the couple is generally supposed to attempt a reconciliation, with which they are often aided by mediators from their respective families. During this period the Qur’an, in Sura 65, Verse 1, requires that the husband continue to support his wife, allowing her to remain under his roof unless she has committed an “open indecency.” This is generally interpreted to mean some sort of sexual misconduct, such as adultery. The final stage is the completion of the divorce with the utterance of the third talaq. At this point, the union is fully dissolved and the husband is no longer responsible for supporting his wife. However, according to “Women and Family: Muslim Laws in Arab State,” the husband may still be expected to provide child care, as custody proceedings tend to favor the mother.

KHULA
Women in Islam may seek a divorce, but the process — called Khula — is very different. Rather than initiating it themselves, Islamic women must rely on either mutual consent from their husbands or a court ruling in their favor. Sura 2, Verse 229, specifies that the wife has the right to seek divorce if her husband fails to treat her appropriately. The role of the court is spelled out in various hadith, which as a rule tend to favor community involvement in important decisions. Upon completion of the divorce, the woman is entitled to some support, at a minimum the return of her dowery along with any wedding gifts. “Islamic Divorce in Secular Society” notes that additional compensation may be required if there are children involved or if there is fault on the part of the husband.

SUNNIS AND SHIITES
As with much else in Islam, Sunnis and Shiites hold differing views on divorce. In the first stages of separation, Sunnis hold that only the talaq is necessary, while many Shiites require a public announcement that divorce proceedings have begun. Attempted reconciliation is expected in both paths of Islam. When the union is fully dissolved with the delivery of the third talaq, Shiite law requires two witnesses to be present, while Sunnis have no such requirement.