category

For Men If your wife dies or you have divorced her (validly) you can immediately remarry another woman. If you want to remarry your wife after divorcing her you have to follow certain procedures. For Women If your husband has died or you are no longer married to him through valid procedures of divorce andRead more

If your husband wants to remarry you after a divorce then also you have to observe a period of iddat, which is different from the iddat time period if your husband dies. In a situation where your husband wants to marry you again after divorcing you, then he has to wait till the following happens:Read more

Under Muslim Marriage law, maintenance is paid to the woman by your husband to you and your children after the divorce has taken place. You do not have to pay maintenance to your husband as under Muslim law, only a man has to pay and take care of the woman after the divorce. You canRead more

During a Muslim marriage ceremony, a sum of money or property will be decided to be paid to you by your husband, known as mehr or dower. Traditionally meher is understood as an amount reserved for the wife for when she needs it the most, that is either after divorce or death of the husband.Read more

The Iddat period after divorce in a muslim marriage is a period of time where the wife is not allowed to marry anyone else or have sexual intercourse with anyone. Only women have to follow the Iddat period under the Muslim Law. If you have been divorced by your husband then the iddat period is:Read more

There are provisions on cruel behaviour under the Muslim marriage law. Cruelty is any conduct or behavior which causes harassment in the mind of the spouse. Under the Muslim law, cruelty is specifically understood as when your husband: Habitually assaults you or physically abuses you. Has sexual intercourse with other women. Forces you to leadRead more

Under Muslim law, you can file for divorce if you find out that your husband is impotent or even if you knew throughout your marriage that your husband was impotent. In this situation your husband can do either of the following: Accept in front of the Court that he is indeed impotent. Deny the impotencyRead more

Under Muslim law, you can divorce if your husband does not perform marital obligations. If your husband, without any reason, decides not to perform his marital obligations for more than 3 years then you can go to Court to file for divorce. Marital obligations include: Sexual intercourse Living together in the same houseRead more

Under Muslim law, there are provisions for divorce due to incarceration of husband. If your husband has been convicted of a crime and is sent to jail for 7 years or more, then you can go to Court to file for a divorce. Such decree for divorce may be granted only if the husband’s sentenceRead more

Under Muslim law, there are provisions for divorce due to non-payment of maintenance by the husband.  Your husband has failed to provide maintenance to you for a period of 2 years, then you can go to Court to ask for a divorce.Read more

Under Muslim law, there are provisions for divorce due to missing husband.  You can file for divorce if you do not know the whereabouts of your husband for a period of 4 years.Read more

Mubara’at Both you and your spouse can end the marriage and divorce each other if you both do not want to continue in the marriage and end all marital obligations. What is essential in this form of divorce is that both you and your spouse should consent to ending the marriage. This form of divorceRead more

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons: Absence of Husband When your husband has been missing for over 4 years. When your husband goes to jail for 7 years orRead more

Given below are the provisions for divorce to a marriage under Muslim law, when initiated by the wife.  Khula Khula is divorce initiated by the wife. If you want to divorce your husband, you can go to either the court directly or to a Mufti. The Court or the Mufti will ask the husband toRead more

As a man in a Muslim marriage, you can simply divorce your wife by ending the contract of marriage you have entered. You don’t necessarily have to approach the Court since you have many options of ending the contract of marriage through various methods prescribed under Islam. Since your marriage is a contract, you canRead more

Marriage is a contract under Muslim law, which may be in a written form or an oral form. A married Muslim couple under the law has to fulfill certain marital obligations such as living together and having sexual relations. Apart from marital obligations, they also have certain legal obligations to fulfill, such as: Dividing theRead more