How do we divorce?

Walaikum assalam wa rahmatullah,

The divorce should be given when the wife is not menstruating. It is best done in front of witnesses, based on a ‘proper pronouncement.’ This should be done in consultation with a reliable local scholar. Basically, however, he should say, “I divorce you,” only once, sign a document stating that he has divorced his wife, and then have this document witnessed.  Note that it is a grave error and sin to pronounce 3 divorces in one session.

It is best to determine all property rights (who owns what, and who has a right to what), before pronouncing divorce, ideally seeking arbitration to resolve this if a dispute is feared.

Allah reminds us in the Qur’an, lest we forget:

065.002 Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keeps his duty to Allah, Allah will appoint a way out for him,

065.003 And will provide for him from (a quarter) whence he has no expectation. And whosoever puts his trust in Allah, He will suffice him. Lo! Allah brings His command to pass. Allah has set a measure for all things.

065.004 And for such of your women as despair of menstruation, if you doubt, their period (of waiting) shall be three months, along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him.

065.005 That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him.

Also, they should learn the fiqh regarding the waiting period (idda), because it is a duty for both the wife and husband to act according to it. (Search for ‘idda’ at www.sunnipath.com)

And Allah alone gives success.

Wassalam

Faraz Rabbani