Islamic Divorce in America

Filing for an Islamic divorce in the U.S. involves two main aspects: religious and civil (legal). Here’s a clear breakdown of how to handle both:

1. Civil Divorce (Legal Requirement in the U.S.)

In the U.S., only a civil divorce is legally recognized, regardless of your religion. Here’s how to file:

Steps to File a Civil Divorce:

1. Meet residency requirements

   • You or your spouse must meet the state’s residency rules (usually 6 months to a year).

2. File a petition

   • Go to your county court and file a Petition for Divorce or Dissolution of Marriage.

3. Serve your spouse

   • Legally notify them of the divorce filing.

4. Wait for a response

   • If uncontested, you can move forward quickly. If contested, the process may involve negotiation or court hearings.

5. Court judgment

   • The judge will issue a final divorce decree.

Where to file: Your local family court (county court). Many states allow online filing.

2. Islamic Divorce (Religious Process)

This step ensures the divorce is recognized in your religious community.

For Men (Talaq):

• A husband may initiate divorce by declaring Talaq (usually three times, with waiting periods in between).

• It’s advisable to do this in front of witnesses and notify the wife.

• Many Islamic centers require documentation and encourage involving an imam or Islamic scholar.

For Women (Khula):

• A woman must request divorce through Khula.

• She typically applies to an Islamic court, imam, or mosque board.

• The process may involve returning the mahr (dowry) and proving valid reasons.

For Women (Faskh):

• A woman must request divorce through Faskh approaching Muslim Judge, a Mufti that he will declare annulment based on situation, evidences collected files by plaintiff.

• She typically applies to an Islamic court, imam, or Shariah Council, mosque board.

• The Mufti decides and issue declaration of Faskh e Nikah based on received information in the divorce application.

Optional: Get an Islamic Divorce Certificate

• Some Islamic centers or Shariah councils issue official certificates.

• This is useful for community recognition or future marriage.

Contact Shariah Council, local mosques or Islamic centers for guidance. Each follows slightly different procedures.

Summary

Important Notes:

• You must get a civil divorce for it to be valid in the eyes of U.S. law.

• Religious divorce alone is not legally binding in the U.S.

• You may need both types of divorce if you want to remarry within your faith and comply with the law.