{"id":2034,"date":"2017-02-20T17:10:58","date_gmt":"2017-02-20T22:10:58","guid":{"rendered":"https:\/\/imam-us.org\/?page_id=2034"},"modified":"2025-10-07T11:05:03","modified_gmt":"2025-10-07T15:05:03","slug":"islamic-divorce","status":"publish","type":"page","link":"https:\/\/imam-us.org\/islamic-divorce","title":{"rendered":"Application for Family Counseling and Divorce"},"content":{"rendered":"\n

Allah, the Exalted, says:<\/p>\n\n\n\n

\u201cAnd if you fear dissension between the two, send a mediator from his side and a mediator from her side. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted<\/strong>.\u201d (Qur\u2019an 4:35)<\/p>\n\n\n\n

Disagreement is a natural part of life and may arise even over the simplest of matters. At times, wisdom calls for overlooking minor issues for the sake of the family\u2019s well-being and greater priorities. However, when an issue carries the potential to escalate into a larger problem, it becomes necessary to consider constructive ways to resolve it.<\/p>\n\n\n\n

If the two parties are unable to resolve the matter on their own, there is value in seeking help from close relatives, trusted experienced friends, elderly wise members of the community, and above all, qualified religious scholars.<\/p>\n\n\n\n

The Family & Social Affairs Office at I.M.A.M. provides family counseling services through knowledgeable religious scholars and experienced professionals. Some hold advanced academic qualifications, while others collaborate with specialized institutions to address family, psychological, and social challenges.<\/p>\n\n\n\n

When all avenues of reconciliation have been exhausted, it may become necessary, if one so chooses, to call upon the religious authority to conduct an Islamic divorce.<\/p>\n\n\n\n

(Note: The resources above pertain to religious divorce only, civil divorces in the United States require official documentation at a local\/county level and in Canada on a provincial or territorial level.)<\/p>\n\n\n\n

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Before filling out the application below, please review the following content carefully!<\/h3>\n\n\n\n
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General Comments<\/strong><\/p>\n\n\n\n

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  1. No procedures shall be carried out except after this form is fully completed and signed exclusively by the applicant, and by no one else.<\/li>\n\n\n\n
  2. According to religious teachings, reconciliation must be attempted first. Divorce will only be considered when it is confirmed that no other solution is possible.<\/li>\n\n\n\n
  3. A copy of a valid legal identification document for both parties, such as a passport, driver\u2019s license, or equivalent, must be attached.<\/li>\n\n\n\n
  4. A copy of any previous marriage or divorce certificate, if applicable, must be attached.<\/li>\n\n\n\n
  5. This form and all information contained within it shall remain the property of the issuing institution. It shall not be shared with any party nor provided to any entity without the consent of the applicants, except in the case of a specific binding religious or legal necessity. Furthermore, the form will not be returned to the applicant.<\/li>\n\n\n\n
  6. Our office will not issue a religious divorce certificate unless the civil divorce procedures have been completed and a copy of the civil divorce document has been provided to the institution.<\/li>\n<\/ol>\n\n\n\n

    Fees and Costs<\/strong><\/p>\n\n\n\n

    I.M.A.M. does not charge any fees or request compensation for the time and effort of its staff. However, some individuals may choose to make voluntary donations.<\/p>\n\n\n\n

    In certain cases, there may be unavoidable costs related to the process, such as long-distance phone calls, certified mail, obtaining official attestations, requesting services from third parties, securing specific documents, or special clerical services. These costs are assessed by the Head of the Family Affairs Office on a case-by-case basis.<\/p>\n\n\n\n

    Payment Methods<\/strong><\/p>\n\n\n\n

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    • The Organization accepts a variety of payment methods, including checks, money orders, credit cards, online payments, and cash. For details on how to make a payment, please contact I.M.A.M. directly.<\/li>\n\n\n\n
    • By signing this form, the applicant agrees to cover any processing costs, if applicable, that I.M.A.M. incurs in connection with this application.<\/li>\n<\/ul>\n\n\n\n

      Purpose of Application<\/strong><\/p>\n\n\n\n

      This form is intended for the following purposes:<\/p>\n\n\n\n

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      1. To document the case so it can be retrieved and reviewed when necessary.<\/li>\n\n\n\n
      2. To verify the accuracy of the claims made by both parties.<\/li>\n\n\n\n
      3. To identify the roots of the issue\u2014focused on rights and responsibilities\u2014in order to remain impartial and save all parties valuable time and effort.<\/li>\n\n\n\n
      4. To provide staff with a clearer understanding of the case and the individuals involved.<\/li>\n<\/ol>\n\n\n\n

        We kindly ask all applicants to complete the form below carefully and accurately so that we may serve you more effectively.<\/p>\n\n\n\n

        Islamic Definitions and Terms<\/strong><\/p>\n\n\n\n

        The following definitions are in accordance with jurisprudential encyclopedias of the school of the progeny of the Prophet, peace be upon them. There may be disagreements among different jurisprudents regarding some details, in which case the applicant should follow the religious authority he or she emulates.<\/p>\n\n\n\n

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        • Raj\u02bei<\/em> (revocable) divorce:<\/strong> This type of divorce happens at the will of the husband. He says in the presence of two witnesses with true intention: \u201cZawjati taliq\u201d<\/em> (My wife is divorced). The divorced woman is considered a wife until the time of iddah passes, and the husband can void the divorce by saying or doing what shows that he has returned to his wife so long as the time of iddah has not passed. The divorced wife should stay at her husband\u2019s house during the time of iddah, and the husband cannot expel her from his house. Also, she cannot leave the house without the husband\u2019s permission. If she does so, she is considered a nashiz<\/em> (insubordinate wife) and cannot claim nafaqah (financial support).<\/li>\n\n\n\n
        • Mubarat<\/em> divorce:<\/strong> This type of divorce happens because of mutual aversion and hatred between husband and wife, and it involves bathl<\/em> (the wife transfers ownership of some property to her husband in return for getting the divorce). The parties cannot go back to each other without a new marriage contract, even during the time of iddah<\/em>.<\/li>\n\n\n\n
        • Khula\u02be<\/em> divorce:<\/strong> This type of divorce happens at the request of the wife who hates her husband so much that she is afraid she would commit the impermissible act of not providing her husband\u2019s rights. As a result, she asks her husband to divorce her. The divorce takes place by the wife offering bathl<\/em> and the husband accepting and divorcing her. They cannot return to each other without a new marriage contract, even during the time of iddah<\/em>.<\/li>\n\n\n\n
        • Judicial divorce:<\/strong> This type of divorce takes place at the order of the religious judge because of the wife taking her case to him because her husband does not provide her rights. The husband and wife cannot return to each other without a new marriage contract, even during the time of iddah<\/em>.<\/li>\n\n\n\n
        • Iddah<\/em>:<\/strong> A period a wife observes after getting divorced or widowed during which she cannot get married. That is because the divorced woman is considered a wife until the end of her iddah<\/em>, while the widow needs to mourn her husband for a period.<\/li>\n\n\n\n
        • Iddah<\/em> of a divorced woman<\/strong>: To see the blood (menstruate) three times. Thereafter, her iddah<\/em> time is over. Iddah<\/em> begins at the time of divorce, not at the time she knew of it, even if she did not find out that she had gotten divorced for a long period of time.<\/li>\n\n\n\n
        • Iddah<\/em> of a pregnant woman<\/strong>: Until she gives birth<\/li>\n\n\n\n
        • Iddah<\/em> of a woman who does not menstruate because of a disease or some other reason:<\/strong> Three months<\/li>\n\n\n\n
        • Iddah<\/em> of a widow if she is not pregnant:<\/strong> Four months and ten days from the time she knew her husband had died, even if she found out about the death of her husband after a long period of time<\/li>\n\n\n\n
        • Iddah<\/em> of a woman divorced by religious judge:<\/strong> To see the blood (menstruate) three times.<\/li>\n\n\n\n
        • Iddah<\/em> of ya\u02beis<\/em> (postmenopausal woman):<\/strong> No iddah<\/em><\/li>\n\n\n\n
        • Iddah<\/em> of a wife who never had sexual intercourse with her husband:<\/strong> No iddah<\/em><\/li>\n<\/ul>\n\n\n