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In the Name of God بسم الله
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syedahaider

Divorce

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Salaam,

My husband and I have decided to get divorced, we have been living in the same house but separate rooms for 5  months.  

I know I need 2 male witnesses to get divorced, do I need get a Maulana involved as well, or does my husband just have to say "something" in front of the 2 witnesses? (also - what does he need to say?)

After we separate homes, do I need to wait 3 months of Iddah before the actual divorce, or can I divorce and then the 3 month Iddah period comes after?

Thank you

Syeda

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Salam, 

Sister, I am sorry to hear about your decision. You might not want to hear any unsolicited advice so my apologies for that but please make sure it's the right decision before going ahead. 

Here is a summary of divorce laws by Sistani:

http://www.sistani.org/english/book/48/2360/

http://www.sistani.org/english/book/48/2357/

and an overview of Iddah laws:

http://www.sistani.org/english/book/48/2358/

The formula of divorce has to be recited by the husband or his wakil (representative) In front of two witnesses. Since it's necessary that the formula of divorce is pronounced in arabic it's better to contact and alim and ask him to do it as your "wakil'. 

The iddah period starts after the divorce is recited and is three months but based on obligatory precaution its better that the woman observes Iddah for four moths and ten days starting from the time the divorce was recited. The woman cannot remarry during the iddah period. 

w/s

Edited by starlight

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You are right, an alim isn't necessary, the formula has to be recited thrice. It just that it might help to get someone involved who is familiar with the process and oversee the fiqhi aspects. 

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Salam. You must also know that you need two adil (just) witnesses.

Quote

2517. It is necessary that the formula of divorce is pronounced in correct Arabic using the word "Taliq"; and two just ('Adil) persons should hear it. If the husband wishes to pronounce the formula of divorce himself and his wife's name is, for example, Fatima, he should say: Zawjati Fatima taliq (i.e. my wife Fatima is divorced) and if he appoints another person as his Wakil to pronounce the formula of divorce, the Wakil should say: Zawjatu muwakkili Fatima taliq (Fatima, the wife of my client is divorced). And if the woman is identified, it is not necessary to mention her name. And if the husband cannot pronounce divorce in Arabic, or cannot find a Wakil to do so, he can divorce in any language using the words of the same meaning as in Arabic formula.

http://www.sistani.org/english/book/48/2357/

Edited by The Batman

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3 hours ago, syedahaider said:

Thank you Sister,

However from what I have read online, he only has to say 1 line, so I did not think an Alim was necessary.  

 

Divorce laws can be confusing sometimes. Usually a scholar (judge) will be consulted. He will go through the reasons of this divorce, making sure it is not a trivial issue, not an anger burst, not a whim . He will try to reconcile in whatever way. He will make sure that you understand your rights and your obligations.

You should stay in your house (your husband house) until the three statements of divorce are uttered. The three are not pronounced all at once. Between each one there is month(s) , after the first and the second statements, the couple will be still able to go back to each other if they changed their mind without any further legal hurdle. After the third statement, you should leave the house, never show yourself to your ex husband without full hijab, not to speak with him freely as you used to. If you decided to go back to each other, you may not unless you get married to another man, get a divorce again with same process , only then you can get back to your first husband.

There is Edda to make sure you are not pregnant, if you discovered that you are pregnant you may not hide it from your ex husband. The ex husband should provide for the unborn by providing to you as long as you are pregnant. if you decided to breastfed the baby, he should also provide for you what's necessary as compensation. The child may stay with you up till the age 7 then off to the father house.

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