An Islamic Perspective on Divorce

God encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. If the reconciliation step fails, both men and women are guaranteed their right to divorce as established in the Qur'an.

When a divorce is initiated by the man, it is known as talaq. The statement by the husband may be verbal or written, but once done, a waiting period of three months ('iddat) must take place in which there are no sexual relations even though the two are living under the same roof. The waiting period helps prevent hasty decisions made in anger and enables both parties to reconsider as well as determine if the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until she delivers. At any point during this time, the husband and wife are free to restart their relationship, thereby stopping the divorce process. At this time, the husband remains financially responsible for the support of his wife.

The divorce initiated by the wife is known as khu" (if the husband is not at fault) and entails the wife giving her dowry to end the marriage because she is the "contract" breaker. In the instance of talaq where the husband is the "contract" breaker, he must pay the dowry in full in cases where all or part of it was deferred. 

In the case that the husband is at fault and the woman is interested in divorce, she can petition a judge for divorce, with cause. She would be required to offer proof that her husband had not fulfilled his responsibilities. The judge would make that determination based on the facts of the case and the law of the land. If the woman had specified certain conditions in her marriage contract, which were not met by the husband, she could obtain a conditional divorce.