How Can a Woman Get an Islamic Divorce?

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

If I am a woman seeking divorce, unhappy in my marriage for many reasons, is it permissible for me to seek annulment of my marriage if my husband will not give me a divorce?

He has not been financially providing for us for 5 years now. We get by through government money, money from his mother or my parents. That is just one of the reasons.

Can I do this locally with an Imam from a mosque? What is the process for a woman who is seeking annulment?

Answer: Dear sister,

As-salamu ‘alaykum wa rahmatullah wa baraktuh

I pray you are well.

If you’ll allow me, I can offer you some advice on this matter.
Not being provided for is sufficient grounds for seeking annulment of your marriage. There may also be other grounds depending on your situation. It is permissible, and there would no sin involved in doing so.

The situation, however, is delicate; and it might be best to avoid the annulment route if you can get him to issue a divorce himself. Going to a shariʾa council will involve paperwork, interviews, and detailed descriptions of the reasons why you will to leave him. It is usually a long, process if the husband is not co-operative.

This can also make matters complicated with regards to the children. It is in their interest that they have a healthy relationship with their father and his family if it is possible. Divorces and separations are very emotional times, and the pain involved can make people act in spiteful ways. Children are occasionally used against one parent or another.

It is important to remember that they have a right to have contact with the father, grand-parents, etc, and that it is in their interest to do so. Whatever you can do to minimise friction between them, you should, and you will be rewarded by Allah Almighty for this.

In summary, it may be easier to ask him directly for a divorce. Should he refuse to do so you can apply to a shari’a council for an annulment.

They usually ask for a written statement and details of witnesses, etc. Once they receive these documents they contact the husband for his side of the events. He is given a few weeks to respond. If he fails to do so, after a number of attempts they may call you in for an interview with the witnesses, and then they can annul the marriage.If there aren’t sufficient grounds to annul the marriage they will not do so.

This is the website of a council based in Dewsbury, England. The procedure and other details can be found there if you want more details. I’d say that most shariʾa counsels follow the same format.

May Allah remove all your difficulties.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.