ISLAMIC PARAMETERS FOR DIVORCE
Each case is individual and therefore there really is no stringent standards set within the shariah regarding seeking grounds for divorce. Some of the most common reasons are:
Physical, financial or emotional/mental abuse or harm (TIIJ takes allegations of violence very seriously.)
If the husband suffers certain physical defects, such as impotency (In’neen)
Adultery or infidelity.
Where there is a difference in religion.
FASKH (Judicial dissolution)
A Khul’a takes place when the husband consents to his wife’s request for a divorce. If the husband refuses consent, Islamic law permits qadis or a panel of Muslim scholars to dissolve the marriage. This is known as Faskh (judicial dissolution).
If the couple have participated in a civil marriage, TIIJ requires that they are divorced in both Islamic and civil procedures. Civil divorce cannot and does not replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah. Marriage in Islam is considered to be a civil contract within a religious parameter and through an Islamic ceremony.
IDDAH (WAITING PERIOD) FOR DIVORCEE
The divorced woman is not permitted to remarry during the period of the Iddah. According to the majority of Muslim scholars, the Iddah for Khul’a is the same as Talaq, which is three menstrual cycles or three months. Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 in the Quran, there is no Iddah if the marriage was not consummated.
The Mahr is the gift given by the husband to his bride at the time of marriage, and it should be recorded in the marriage contract. In the process of Khul’a, the wife is usually required to return the Mahr. The scholars of TIIJ will however take into consideration the length of the marriage, whether there are children, whether the husband supports his children financially and so forth before deciding on the issue of Mahr. The scholars are guided by frequent exhortations in the Quran advising husbands to avoid greed and to part company amicably.