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234 questions answered by Sh. Mustafa Umar. Search in your own words or pick a topic.
How do I get divorced?
A husband who wants to divorce his wife should say, “I divorce you” or “You are divorced”. This results in a revocable divorce pronouncement and his wife begins her waiting period [ʿiddah] of three menstrual cycles. He may revoke this divorce by saying ‘I take you back’ or ‘I revoke the divorce’. If he is intimate with his wife by kissing or caressing her with desire then the divorce is also revoked automatically. If the divorce is not revoked within the waiting period [ʿiddah] it becomes final and the two are no longer husband and wife.
Does filing for a civil divorce count as an Islamic divorce pronouncement [talaq]?
Filing for a civil divorce is not equivalent to an Islamic divorce pronouncement. In Islam, a statement of divorce must only be said or written by a man. The wording used must be unambiguous such as saying ‘I divorce you’ or ‘You are divorced’. Filing for divorce in most countries does not meet these requirements.
Is There Child Support, Spousal Support [Alimony], and Property Distribution Upon Divorce?
Child Support: The father is responsible for financially supporting his own children’s needs such as basic housing, food, clothing, medicine, and education until they reach adulthood. This amount is not the same as child support calculations done in most Western countries, which are based on income and obligate mothers to pay child support if they make more money than the father.
Does a long separation of husband and wife automatically result in divorce?
Once a couple is married, termination of that marriage can only occur through divorce [ṭalāq] from the man, the wife demanding release [khulʿ], or through an annulment of an Islamic court/tribunal [faskh]. Therefore, even if the husband and wife lived apart for several years, there would be no automatic termination of the marriage.
How is a pronouncement of divorce revoked?
When divorce is pronounced it may be revoked by the husband saying ‘I take you back’ or ‘I revoke the divorce’. This is the recommended method to retract a divorce. He may also revoke the divorce by being intimate with his wife by kissing or caressing her with desire, though that is somewhat disliked [makrūh].
What happens if I divorce my wife before sleeping with her?
If you divorce your wife before having intercourse with her then she will not have any waiting period [ʿiddah], half her dowry [mahr] must be returned to you, and the pronouncement of divorce is irrevocable [bā’in]. If you have been alone with her in private [khalwah] such that intercourse would have been possible then this counts as consummating the marriage too.
These answers are general guidance. For your own situation, ask a scholar.