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Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq ( repudiation ), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). [ 1 ]
Islamic family jurisprudence (Arabic: فقه الأسرة الإسلامية, faqah al'usrat al'iislamia) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims.
The theory and practice of divorce in the Islamic world have varied according to time and place. [54] Historically, the rules of divorce were governed by the Sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school. [55] Historical practice sometimes diverged from legal theory. [55]
A form of khulʿ was adopted by Egypt in 2000, allowing a Muslim woman to divorce her husband without any fault. The law is so strict that only 126 women out of 5,000 women who applied for khul were actually granted. As a condition of the divorce, the woman renounces any financial claim on the husband and any entitlement to the matrimonial home ...
The marriage contract can also specify where the couple will live, whether or not the first wife will allow the husband to take a second wife without her consent. The wife has the right to initiate divorce, it is called khula. She either gives back the dowry (mahr) or does not, depending on the reason for divorce. The man has the right to divorce.
Muslims are required to use Sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death. [44]