Introduction to Islamic Law

Divorce/Dissolution of Marriage

Prof: MOHAMMAD MEHMOOD AHMAD

Compiled By: Muhammad Raees Malik

University of London

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Divorce/Dissolution of Marriage

DIVORCE: 40%Tradational Law 60% Modern Law

Though it has religious dimensions, Muslim marriage is a contract, while it can persist
until the death of one of the parties, it can also be dissolved before that time. When there
is disharmony between spouses, divorce should not be the first solution. The Qur’an
promotes reconciliation, through negotiated settlements between the spouses
themselves or the use of arbitrators from their families. However, when “mutual good
treatment” is not possible, there should be an amicable parting. Thus, the Qur’an treats
divorce as something permitted but not laudable. Reflecting this sentiment, it is reported
that the Prophet Muhammad (PBUH) said that of all things permitted, divorce is the most
hated by God.

Moving from scripture to the realm of jurisprudence, the term divorce encompasses
several means of ending a marriage. The most common is “Tallaq” which literally means
“release.” Tallaq is a unilateral repudiation of the wife by the husband, and does not
require the wife’s consent. She must observe a waiting period of approximately three
months to be sure that she is not pregnant; then she is free to remarry. During this period,
however, a husband who has repudiated her by Tallaq has the right to take her back
unless it is the third such repudiation, which is final and irrevocable. A repudiated wife
retains the dower she received at marriage or, if it was divided into a prompt and deferred
portion, the deferred portion becomes immediately due at divorce. (In some cases,
women set a large deferred dower as a disincentive for their husbands to divorce them
impulsively.). Literally means dissolution of marriage and it is a bigger umbrella and
following things fall under it:-

1. TALAQ 2. KHULA 3. JUDICIAL DISSOLUTION

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1. TALAQ:

Traditional Law: All schools and sects give husband right to unilaterally terminate
the marriage at will, without showing any course and without recourse to the court.
Tallaq is the husband’s unilateral right to repudiate the marriage. It is means “To
release to animal from a bond”. The basic of Tallaq comes from surah 2 verse
237 as “in his hands is the knot of marriage”. Hence, this means that the right of
divorce vests primarily with the husband. Tallaq is The Unilateral Right of Husband
and regarded as an unconditional right having ho conditions attached to it. In its
requirements, husband has to be adult, sane and intention of husband must be
apparent. According to Hanafis, Tallaq Pronounced under intoxicated state,
under influence, duress or in anger by husband is valid. So, Hanafi’s stance can
be highly criticized as in relation to HOLY QURAN, it is stated that “A person under
duress or intoxication cannot think rationally”. According to “Ithna asharies” for
Tallaq, clear intention of husband and presence of two male adult Muslim
witnesses of good character must be present, so it can be said that, this is good
for certainty. Prescribed word is to actually use word (TALAQ). Some words are
used which conferred to have meant Tallaq but it can be criticized, as Tallaq is an
unfettered right so why uncertain words are used in its place.

RASHID AHMED V ANISA KHATUN: Husband stated that he has divorced her
and rendered her haram for him, so it was held that his intention to Tallaq was
easily conferred. A number of verses of Holy QURAN discouraged Tallaq, and
state that it is the worst and most detestable thing in his eyes and he deterred
those who engaged in such practice.

Kecia Ali is her article states that classical Islamic law of marriage and divorce
has led to the assimilation of marriage with ‘slavery’.

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1.2 FORMS OF TALAQ:-

There are two categories of TALAQ prescribed in QURAN but their methods are
prescribed in Sunnah:

i. TALAQ-AL-AHSAN
ii. TALGA-AL-HASSAN
iii. TALAQ-AL-BIDA

The first two are collectively known as “Tallaq-al-Sunnah”, while the third one is
not prescribed in QURAN but emerged in HAZARAT UMER’S R.A period.

i. TALAQ-AL-AHSAN:

Is the good form of TALAQ which is most approved and it is prescribed by

holy QURAN itself. TALAQ-AL-AHSAN involves one single pronouncement
by husband it the period of “Tuhr” of wife (period of purity), extended till 3
months (iddat period). During this iddat period, there must be refrainment
of marital relations. The pronouncement made in this form of Tallaq is
Revocable during iddat period and revocation can be express or by conduct.
After the lapse of the iddat period, the Tallaq becomes irrevocable. It is the
most approved form because its repercussions are not very high and if
husband after iddat period realized his mistake then he can remarry her
without any intervening marriage. By reference to SURAH 2; VERSE 241-
242, “Husband has the duty to maintain the woman during the iddat period.”

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ii. TALAQ-AL-HASSAN:

It is a less approved form of Tallaq, Tallaq-al-Hassan involves three

successive pronouncement during 3 months period of Tuhr. After the 1st
and 2nd pronouncements, the husband can ‘take his wife back and Tallaq
is revocable. Husband can do this either expressly or by his conduct. But
after the 3rd pronouncement of repudiation Tallaq becomes Irrevocable and
dissolution of all marital ties occurs and all marital relations become
unlawful. If husband realized his mistake after 3rd pronouncement then he
can take his wife back after the intervening marriage (i.e. Halala).

iii. TALAQ-AL-BIDA:

Is the effective, and valid divorce recognized by Sunni law, although it is

subjected to criticisms and is not prescribed in QURAN. Under this form of
Tallaq, there are three pronouncement in a single meeting and after that
Tallaq becomes irrevocable and wife’s iddat period starts. It is the most
disapproved from of Tallaq, as its consequences are very high and no time
is given to the husband to realize his mistake. Most Islamic countries
banned it but it is still practiced in Pakistan and under this method Tallaq
becomes effective instantly. TALAQ-AL-BIDA also takes forms, as
repudiations could be suspended on a condition that would be used as
threats by husbands, for example, wife is forbidden from leaving home
otherwise marriage is dissolved.

Tyabji: The sinful forms have become most common, for men have always
molded the law of marriage so as to make it most agreeable to themselves.

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1.3 Redundant/Customary Forms of Tallaq:

There are extinct or obsolete forms of Tallaq recognized by traditional law.

i. ILLA:

Under ILLA husband intentionally sever to have conjugal relations with the
wife and after the lapse of four months it will lead to Tallaq. It is inferred by
husband’s conduct that Tallaq takes place. Hanafi’s state that Tallaq takes
place after four months while all other schools state that the intervention of
wife is mandatory as to make Tallaq more certain.

ii. ZIHAR:

Husband compares his wife to the female kins-women within the prohibited
degree of relationship (i.e. mother or sister), and as soon as husband utters
such words, conjugal relations become unlawful unless the husband
expiates, which according to traditional law is fasting for two weeks, feeding
needy people for six days or to set free a slave. The resumption of conjugal
rights without expiation is considered a great sin. Malakies state that after
the expiry of four months if no expiation is made then marriage terminates
and leads to the effect of ILLA. (Intervention of court is required).

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 iii. LIAN:

(method of ending marriage due to Adultery): Husband accuses his wife

of committing adultery and he accuses her by declaring on oath that she
was committing Zina. By this accusation, relationship of mutual respect,
love and affection between them breaks and Tallaq takes place. According
to Shafis, Malakis and Shia schools, this process automatically terminates
the marriage. While according to Hanafis and Hanbalis, judge asks the
husband to repudiate the marriage and if he refuses judge himself dissolves
the marriage.

CRITICISM: These forms of Tallaq are not certain and by this the intention
of the husband to dissolve the marriage remains vague.

2. Khulla:

In Khulla, divorce for compensation, a wife returns her dower or pays some other
sum to her husband in order to obtain a divorce. Traditional jurisprudence
considers his consent essential, though it is not mentioned in the Quran or in many
of the prophetic traditions that refer to it. Khulla is by definition irrevocable and the
husband has no right to take her back, though they may remarry subsequently by
mutual consent. Again, she must observe a waiting period. Khulla is the initiative
by a wife to dissolve marriage with two requirements:

i. The Consent of Husband.

ii. The return of Dower to husband.

Khulla is concluded by an offer made by the wife with certain sum of money (part
or whole of dower), in consideration of her husband releasing her from marriage.

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An earlier instance raising the Khulla case was of MOONSHEE VS BUZULAR,
which provided that, “Divorce by Khulla is immediately effective and cannot be
revoked”. According to Malakies, Khulla may only be affected by judicial decree.
It has proved to be an inspiration for many reforms that judicial Khulla should be
obtained in the Muslim world. Surah 2:229 form the basis of Khulla as, “and it is
not lawful for you (men) to take back any of your gifts from your wives except when
both the parties fear that they would not be able to keep the limits ordained by
ALLAH”. In relation to KHULA, the general rule is that wife has to pay
compensation (dower). Article -275 of the Egyptian Code stated that, “a Khulla
repudiation can validly take place before or after the consummation of marriage
and without payment of compensation by the wife”. However, different jurists are
divided on this point of return of dower:-

i. Abu Hanifa: Stated that in the absence of agreement, Mehar is deemed to

be surrendered by wife in both Khulla and Mubarat.

ii. Abu Yousaf: Stated that Mehar is not given up in Mubarat and not in
Khulla.

iii. Imam Muhammad: Stated that Mehar is not given up in Khulla or Mubarat
(like the Egyptian Code).

iv. While according to Hanafis, it is a matter to be decided by Qazi or court.

In Khulla, wife asks to be released from marital contract and husband agrees for
certain consideration.

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 Hinchcliffe: Stated that “in law any amount can be fixed as compensation and
thus it can lead to abuse by husband who may demand very large sums in return
for divorcing wife”. But it is sinful for husband to ask for compensation exceeding
the dower.

3. MUBARAT: -

(MUTUAL CONSENT): Mubarat is the mutual consent of both the parties to

dissolve the marriage and it is regarded as most civilized way of dissolving the
marriage. In Mubarat, no return of dower takes place and one party asks for divorce
while other accepts it. (Both can also ask) SURAN 4: VERSE 180 stated that, ”If
a woman fear ill treatment from her husband or desertion, it is not sin for them
(spouses) if they make terms of peace between themselves. Such settlement is
better but man’s mind are swayed by greed.” Sunni Law attaches no form to
Mubarat. If husband is the one who makes initial pronouncement he cannot retract
his offer before wife has given an answer. If wife doesn’t consent then that
pronouncement is beamed as one single revoke able Tallaq. If wife consents then
it becomes effective and marriage is dissolved. If wife initiates this process, she
however has the opportunity to retract her offer before her husband’s acceptance.
If Husband doesn’t consent to wife’s initiation, it might turn into Khulla.

4. DELEGATED DIVORCE (TALAQ-E-TAFWID):

Under traditional jurisprudence, there are other strategies women can use to obtain
access to divorce. These include conditional or delegated divorce, where the wife
includes a condition in her marriage contract that allows her the right to divorce on
her own initiative under certain specific circumstances, or states that she will be
automatically divorced if a particular event occurs (such as the husband taking
another wife). There are possible benefits to these types of stipulations. However,

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 they are sometimes discussed as a panacea for inequalities in traditional divorce
law. Further, some difficulties with this approach are often overlooked. The extent
to which such clauses in the marriage contract are enforceable in accordance with
traditional jurisprudence or in contemporary legal systems varies widely. Further,
even clauses that were originally valid can be easily rendered ineffective through
the wife’s unwitting actions. More troubling still is that, though these conditions can
increase a woman’s access to divorce, they do not restrict in any way the
husband’s right to repudiate her unilaterally at will. Husband may delegate his right
of repudiation (dissolution) to his wife, so that she can divorce herself. Such
stipulation is valid and irrevocable. This proves to be most effective weapon in
hands of Muslim wife to dissolve marriage. The delegated divorce is most common
in India.

5. JUDICIAL DISSOLUTON (FASAKH):

Formal judicial recession of Muslim marriage is called as Fasakh. In Judicial

Dissolution, party directly approaches court in order to dissolve marriage. Khulla is
not a wife’s right; but she can only ask for it in certain circumstances and if husband
refuses to give consent to wife initiation to repudiate the marriage, then it results
in Judicialism. Under Judicial Khulla she can approach court and provide reasons
to repudiate the marriage under any of the schools. In Egypt, going to court
becomes a ground of Khulla itself. In Pakistan, the onus is on the wife to prove
under her respective school that whatever ground she is taking is valid and Qazi
needs to be satisfied.

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GROUNDS FOR DIFFERENT SHOOLS FOR FASAKH:-

i. HANAFI SCHOOL:

Only ground on which woman is permitted to obtain judicial dissolution of

her marriage is that she can prove to the court that her husband incapable
of consummating the marriage.

ii. ITHNA ISHARIS:

Enables Qazi grant a judicial degree for dissolution of marriage where

husband is.

(i) Suffering from insanity or an incurable disease.

(ii) Husband is impotent.
(iii) Husband is cruel and violent. (Dharar)

iii. SHAFI SCHOOL:

According to the Shafis school of thought the grounds on which woman is

permitted to obtain judicial dissolution of her marriage are.

(i) Husband is suffering from an incurable disease.

(ii) Impotency of husband.
(iii) Husband’s willful refusal to maintain the wife.

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iv. HANBALI SCHOOL:

According to the Hanbalis school of thought the ground on which woman is

permitted to obtain judicial dissolution of her marriage is Failure to comply
with any Stipulation in Marriage Contract.

v. MALAKI SCHOOL:

Malakis took grounds even more liberal than Hanbalis:

(i) Incurable Disease.
(ii) Failure to maintain.
(iii) Desertion for more than one year.
(iv) Dharar (Ill-Treatment)

(It permits a divorce on the basis of cruelty or ill treatment by the husband).
When Malaki Qazi grants the wife a decreed, he does so by way of
exercising the right of Tallaq on behalf of the husband thereby continuing
the legal fiction of the exclusive right of the husband to repudiate his wife.
The reason for this approach of Malakis is, SURAH 4:35 of the Holy
Quran: “and if you fear a breach between them, appoint an arbiter from his
folk and an arbiter from her folk, and if they desire an amendment ALLAH
will make them of one mind.

While according to the Hanbalis and Hanafis, The arbitrator’s role is no

more than conciliatory. In Malakis arbitrators are representative of court and
if they fail to reconcile, then they can terminate the marriage by ordering the
husband to divorce his wife by Tallaq.

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 ATHA HUSSAIN in his Article stated that; “When serious difference
discords or obstacles arises in a way which cannot be overcome by
reconciliation, the contracted has to be terminated by divorce”.

DIVORCE REFORMS:

1. PAKISTAN:

i. TALAQ: In PAKISTAN. S.7 (1) MFLO 1961 tried to reform Tallaq by placing
the requirement of notification on the husband, that he must notify the
chairman of the Union Council and provide the copy of if to wife. S.7 (2)
MFLO 1961 states that, whosoever contravenes the provisions of S.7 (1),
shall be punishable with imprisonment of 1 year or a fine of rupees 5000 or
both. S.7 (5) MFLO 1961 state that, If a wife is pregnant at the time when
Tallaq is pronounced, the Tallaq shall be not effective until, the pregnancy
ends. S.7 (3) MFLO 1961 states that, Tallaq shall not be effective until the
expiration of 90 days, from the day on which notice under S.7 (1) is delivered
to the chairman.

ALI NAW GARDEZI V M. YOUSAF: (old law) the notice to chairman was
mandatory and a divorce would be of no effect if the required notice was not
given.

GHULAM FATIMA V ABDUL QAYYUM: Even if there was some kind of

divorce, it stood revoked and ineffective, as no notice had been given by
the husband to chairman. (Procedural Requirement Only)

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 ALLAH RAKHA V FEDERATION OF PAKISTAN: In this case it was stated
that s.7 (3) of the MFLO 1961 was repugnant to the principle of Islam and
so was declared to be void.
And so now, from 2000 a divorce will be effective even if no notice has been
given, however penal sanction for failure to give notice remains in force.

CRITICISM: MFLO proves to be a procedural requirement and not a

substantive requirement (I.E. having no practical implications for non-
compliance with it). S.8 of the MFLO 191 provides for delegated legislation,
that is, where the right of divorce has been duly delegated to the wife and
she wishes to exercise that right then provisions of s.7 will apply.

ii. KHULA:

In Pakistan, in relation to Khulla no statutory measures are present but case

laws exist in this area.

BALQIS FATIMA V NAJAM AKRAM: If a women goes for a Khulla she

must have to show that the marriage has been broken to such an extent
that husband and wife cannot life together.

KHURASHID BIBI V M. AMIN: If a judge found that parties could no longer

live within the limits prescribed by ALLAH, The court would then dissolve
marriage by means of a judicial Khulla, requiring the wife to return dower to
her husband.

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 NASEEM AKHTAR V M. RAFIUE: The evidence of hatred and aversion is
a sufficient ground for Khulla.

AURANGZZEB V GULNAZ: In deciding how much of the dower has to be

returned to the wife, the conduct of the husband has to be taken into
account. Husband would also impose civil liability upon wife in relation to
the return of dower.

iii. JUDICIAL DISSOLUTION:

DMMA 1939 S.2 gives grounds to women for judicial dissolution of her
marriage.

i. Husband missing for 4 years.

ii. Husband failed to maintain her.
iii. Husband imprisonment for more than 7 years.
iv. Husband’s impotency.
v. Husband suffering from incurable disease.
vi. Ill-treatment by husband.
vii. Option of puberty.
viii. Breach of stipulation.

Recent case law greatly extended the wife’s right to obtain dissolution but
MFLO remains silent on it.

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 LUCY CARROLL: in her article stated that “MFLO doesn’t address the
problem of Muslim woman trapped in unhappy matrimonial situations
because, its procedure took a long time, judges are not favorable to women,
the grounds for dissolution are required to proven by woman.

2. TUNISIA:

In Tunisia, divorce can only be effective by judicial means, (i.e. going to the court).
ART-30 of Tunisian code of personal status 1956 provides that the divorce can
only take place in the court of law. ART-3 provides grounds by which dissolution
of a marriage can be made effective by ART 32. Judge must attempt to reconcile
the parties before granting dissolution of marriage. In Tunisia, Tallaq-ul-Bida,
Tallaq under intoxicated state duress or under influence is banned. To date,
Tunisia is the only country in Muslim world to grant the wife right of Tallaq. (I.e. she
may unilaterally terminate her marriage but pronouncement must be made in
court).

3. IRAQ:

ART-2 of the 1959 law states that it applies to all Iraqis except those specifically
exempted by law

i. TALAQ:

Iraqi law requires a husband who seeks a divorce from his wife to obtain a
judgment in court. If a domestic dispute is not brought before the court then
repudiation must be registered the court during the iddat period. Tallaq is
only effective and valid by doing this. Tallaq by a person who is intoxicated,
insane, feeble minded or under coercion is not valid.

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 ii. JUDICIAL DISSOLUTION:

Wife is entitled to request dissolution if the husband does not fulfill any
lawful condition stipulated in the marriage contract. The following are the
grounds on which wife may request a judicial divorce, if a husband is
imprisoned, If husband abandons wife without lawful reason, Husband’s
infertility or suffers from serious disease.

Wife may also obtain Khulla from her husband in return for consideration
that may be made more or less than her dower.

iii. POST DIVORCE MAINTENACE:

A husband is obliged to maintain the divorced wife during the iddat period.
1984 legislation provides that Court not only grants divorce but also has a
duty of attempting to arrange a reconciliation.

4. EGYPT:

In Egypt, five legislations were adopted (i.e. law reform of 1920, 1929, 1979, 1985,
2000. 1920 legislation introduced grounds for judicial incurable disease.) LAW NO.
25 OF 1929 states that, “If husband is imprisoned for 3 years or he is cruel or
shows ill treatment to his wife, then she can ask for a divorce”. ART-1 of law No.
25 of 1929 Repealed Hanafi doctrine by stating that, “Any divorce uttered in
intoxication or under compulsion is invalid”. 1979 reforms introduced the
requirement to register Tallaq and husband has to give notice of Tallaq to wife.
Under 1985 Reforms if wife proves that polygamy is harmful for the second wife
by making 2 witnesses then she can ask for a divorce. Before 2000, the onus was
on the wife to proof grounds for Khulla. Law 1 of 2000 provides that a wife may
petition the court to grant her Khulla in return for the dower. Before a divorce is

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 granted court must attempt to bring about reconciliation. If no results are achieved
by reconciliation and wife declares, that she cannot not live with him within the limit
prescribed by Islam, then court may grant her a judicial Khulla.

The law of Egypt is more favorable to a woman seeking a judicial Khulla as

compared to Pakistan law. Since once she makes a declaration then a court may
not refuse it, and merely going to court proves to be a ground for Khulla. Many
commentators in Egypt have noted that since the enactment of the law of 2000.
Many women are disregarding other grounds for divorce and are seeking
dissolution of marriage by Khulla.

5. IRAN:

Iran restricted the husband right to divorce but did not completely ban it. ART-10
of family protection act 1967 provided that; “Neither husband nor wife could obtain
a divorce until a decree of irreconcilability was issued by the court. ART. 1133 of
the civil code stated that, “A divorce was in the hands of the husband but it is
amended by Art-10”. Art-1 of the divorce Act 1992 states that “all divorces must be
judicial” (i.e. granted by court). Art. 1137 of the civil code state that “A man can, by
observing conditions stated in this code go to the court and ask for the divorce of
his wife”. ART-3 of the divorce act-1992 provides that, “A divorce will not be
effective unless it is registered by the notary public and payment made to the wife
of all her rights”. The exigencies determining council of the nation (NEDC) has held
that, “All rights a wife has by virtue of this act must be paid to the wife before a
decree for divorce can be executed and registered by the divorce registry.

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6. JORDAN:

Judicial dissolution in Jordan has gone further than Egypt by enabling a termination
to be decreed in the event of an allegation of ill treatment even if the fault for the
breakdown is determined to be that of wife. Law 25 of 1977 doesn’t recognize a
Tallaq, which is not intended, as well as Tallaq-ul-Bida or triple Tallaq

7. U.A.E:

Federal Law of Personal Status 2005 stated that either party may petition for
divorce if the other one has breached stipulations. Right of wife to divorce is
extended and includes divorce on the grounds of husband’s infertility, adultery, and
false representation.

8. QATAR:

If the parties cannot agree on Khulla, the judge appoints arbitrators to attempt
reconciliation and if in 6 months no resolution is achieved then court can grant a
divorce.

9. MOROCCO:

Moroccan code of personal status 2004 allows divorce on the grounds of discords
between the parties and divorce is primarily in the hands of the husbands. Court
is determining divorce considers the conduct of the parties and orders appropriate
compensation to the injured party.

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ARTICALE:

V.KUMAR IN HIS UARTICLE stated that A major impact of divorce is on parent child
relationship. The pain experienced by the child is distressing as the child sees the family
disintegrating and senses vulnerability. And so it can be seen that, divorce placed bad
impacts, on the child emotionally & psychologically, hence affecting the child’s well-being.

Attempts to reform divorce laws in the contemporary Muslim world have been plentiful.
Most of these have attempted to either restrict men’s unfettered exercise of their rights to
repudiation or to increase women’s access to divorce. In the first case, some nations have
accomplished this by requiring some type of intervention or registration from a judge, or
by declaring that three repudiations pronounced at once will count as only one divorce.
(This has always been the predominant Shia view, but only a few individual Sunni jurists
have held it.) Some nations have imposed financial penalties on a husband who divorces
his wife without cause. However, despite these attempts to curb men’s impulsive and
extra-judicial use of Tallaq, the courts still consider men’s unilateral repudiations legally
effective since they are recognized by traditional jurisprudence. When it comes to
increasing women’s access to divorce, the adoption by certain Hanafi jurisdictions of the
relatively more liberal Maliki grounds for divorce represents a significant improvement.
However, the interpretation of these provisions varies significantly, and judges wield quite
a bit of discretion in their application. In Egypt and elsewhere, for example, courts have
ruled that while physical abuse may constitute “harm” for upper-class women, women
from lower social strata can expect some violence from their husbands, and thus it does
not constitute grounds for them to seek divorce. In these cases, though reforms have
altered some of the specifics of divorce laws, they have not challenged the basic idea that
divorce is a man’s prerogative, while women may only obtain divorce for cause. A more
recent Egyptian law, approved by the chief jurist of Al-Azhar, the most respected
institution of traditional jurisprudence in Egypt and perhaps the entire Sunni Muslim world,
provides an alternate approach. As noted above, most classical jurists, and the majority
of contemporary national laws, consider the husband’s agreement essential to Khulla‘,
divorce for compensation. Beginning in March 2000, Egypt granted the wife the right to

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obtain a Khulla, divorce without the husband’s consent if she returns the dower she
received at marriage. By the middle of that month, 3,000 petitions seeking divorce under
these provisions had been filed in Cairo alone. One important reason the issue of fair
divorce laws is so difficult to address is that the structure of the Islamic marriage contract
presumes the husband’s unilateral control over the right to divorce. (Read more.)
Piecemeal reforms of divorce laws that do not address this basic norm will be limited in
the amount of change they can ultimately effect. Thus, long-lasting and far-reaching
reform of Islamic divorce laws requires, more fundamentally, a reform in the laws
governing Muslim marriage itself.

Islamic law at par with international law:

Bringing Islamic law on divorce at par with international law requires a process of
harmonization and reconciliation between the principles and values of Islamic law and
international human rights standards. This can be a complex and challenging process,
given the diversity of legal traditions, cultural contexts, and interpretations of Islamic law
across different regions and countries. One important step towards achieving this goal is
to promote dialogue and collaboration between scholars of Islamic law and human rights
experts, with the aim of identifying areas of common ground and addressing potential
conflicts or inconsistencies. In addition, it may be necessary to reform certain aspects of
Islamic family law in order to bring it in line with international human rights standards,
while also respecting the principles and values of Islamic law. This could involve revising
laws and regulations on divorce, custody, and child support to ensure that they prioritize
the best interests of the child, promote gender equality, and protect women and children
from violence and abuse. Governments and civil society organizations can also play a
role in promoting the integration of Islamic family law with international human rights
standards, by advocating for legal reform and providing support and resources to
individuals and families affected by divorce. Overall, bringing Islamic law on divorce at
par with international law requires a collaborative and multi-faceted approach, which
respects the principles and values of both legal traditions and prioritizes the best interests
of the child and the rights and dignity of all individuals involved.

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