In Islam the term “divorce” constitutes many different types of ways a couple’s marriage is ended. Men can divorce their wives unilaterally by pronouncing talaq multiple times either consecutively or on separate occasions depending on the Islamic school of thought by which the married couple abide.

Once talaaq has been pronounced, the wife enters what is known as the iddah period which lasts for three menstrual cycles (three months) or until childbirth if she is pregnant. If the husband and wife reconcile within the iddah period, the marriage can continue. In the event that they have not reconciled within the iddah period, the marriage comes to an end.

Although the husband is able to divorce his wife unilaterally without involving a Sharia council, the husband and/or the wife may apply to the NSC for an Islamic talaq certificate, which can be used as evidence that the couple are now divorced.

Unlike men, women cannot unilaterally divorce their husbands.

There are three types of Sharia divorce following a wife’s petition: Khula, Faskh and Tafreeq.

Below is an explanation of some of the terms associated with Islamic divorce:

• Talaaq: This form of divorce is the sole right of the husband whereby he pronounces the word divorce, talaq or any other similar word (in any language) to establish a divorce. No one may deprive him of this right given that he has been awarded such a right by God. This right belongs only to the husband and moreover, he does not need the consent or approval of any one, including his wife. Therefore, a woman divorcing her husband is Islamically incorrect and is invalid as a female has no such recourse to such a right, although she may request the conclusion of the marriage through other means. Similarly, an NSC panel can issue a Faskh (marriage dissolution).

• Khul’a: It is a divorce issued by the husband in exchange for money. It happens when the wife requests her husband to divorce her, but he refuses unless she returns her dowry. Again, it is the right of the husband and is conditional to his approval.

• Faskh: It is a marriage dissolution issued by a Sharia Council in response to a request by the wife and normally takes place against the will of the husband. Faskh (annulment) is pronounced by the Sharia Council when a marriage is fundamentally flawed (e.g., forced marriage) or the marriage has not been consummated.

• Tafreeq: (dissolution) is granted when the husband and wife have consummated the marriage and the wife wants a divorce but the husband refuses to give his wife a divorce. Once the panel agree that a tafreeq should be pronounced and the iddah period has come to an end, the marriage is dissolved.

• Iddah: The waiting period after the divorce has been given or issued, regardless of any period of separation before it. The period of iddah is three menses or three months if one does not experience menses and one has not conceived.

• Mediation: An interactive process where an impartial member of the NSC assists a couple in resolving any marital disputes, through a number of sessions. Where helpful for the couple, we would work in partnership with other organisations.