Abdullah ibn Umar reported: The Messenger of Allah, peace and blessings be upon him, said, “The most hateful of lawful matters to Allah is divorce.” Source: Sunan Abī Dāwūd 2172. First try to reconcile if after the options have been exhausted and both parties are treated with respect and justice then there are options for both man and women to initiate. Nobody needs to remain in a situation that causes personal distress, pain, and suffering. In such cases, it is more merciful that you each go your separate ways, peacefully and amicably.
A Muslim filing separation needs to follow both Islamic Law and NZ Law.
Couples seeking divorce (Talaq/Khula) needs lots of help towards legal, financial and social support. This document can help in the process, contacts and resources.
Information related to Islamic Law below
Information related to NZ Law – Separating or getting divorced – https://www.govt.nz/browse/family-and-whanau/separating-or-getting-divorced/
Steps to be taken to ensure that the divorce process is followed
Evaluate and Try to Reconcile
When a marriage is in jeopardy, couples are advised to look for all possible remedies to rebuild the relationship. All marriages have ups and downs, and this decision should not be arrived at easily.
Communicate and reflect before proceeding.
The Quran says: “And if you fear a breach between the two, appoint an arbiter from his relatives and an arbiter from her relatives. If they both desire reconciliation Allah will effect harmony between them. Verily Allah has full knowledge, and is aware of everything.” (Surah An-Nisa 4:35)
Arbitration
Remember Allah’s words in the Quran: “The parties should either hold together on equitable terms or separate with kindness.” (Surah al-Baqarah, 2:229)
Take advice from the Islamic Scholars and/or family members.
Counselling is also another option to consider.
Islamic Scholars – https://muslimdirectory.co.nz/islamic-guidance-information/
Muslim Counsellors – See page
Relationship counselling – https://www.govt.nz/browse/family-and-whanau/separating-or-getting-divorced/relationship-counselling/
Filing For Divorce
There is different process for husband and wives
TALAK (divorce) – If the husband is seeking the divorce – The pronouncement by the husband may be verbal or written
KHULA – If the wife is seeking the divorce –
In Islam, a married woman is permitted to seek a termination of her marriage contract through a Islamic Scholar. The reasons, for seeking Khula should be upon valid reasons. the wife who seeks a divorce will be required to prove at least one of following:
Khuluk (Divorce by redemption or compensation) – the wife may choose to return her dowry to end the marriage
Cerai taklik (Divorce by breach of marriage condition)
Fasakh (Annulment of Marriage)
Social support – See Kiwi Muslim Directory page –
Handling money in a divorce or separation – https://sorted.org.nz/guides/protecting-wealth/separating/
Separation & Divorce – https://www.justice.govt.nz/family/separation-divorce/
Parenting through separation – https://www.justice.govt.nz/family/care-of-children/parenting-through-a-break-up/
Parenting through separation course- https://www.justice.govt.nz/family/care-of-children/resolving-parentings-disagreements/parenting-through-separation/
Waiting Period (Iddat)
After a declaration of divorce, Islam requires a three-month waiting period (called the iddah) before the divorce is finalized.
Child Custody
In the event of divorce, children often bear the most painful consequences. Islamic law takes their needs into account and makes sure that they are cared for.
Child custody and financial support of any children needs to be discussed and ensure that the child’s needs are met.
Children’s guide to separation – https://www.justice.govt.nz/assets/Documents/Publications/MOJ0501-Childrens-Guide-A5-Aug18-WEB.pdf
Lawyers/consultants
Bushra Rashid, Family Law – bushra@brlaw.co.nz
Haseeb Ashraf, Immigration – office@ashraf.co.nz
Mohammad Abdur Rahman – Immigration, Wills, Family – arahman@avondalelaw.co.nz
Nazmeen Rasheed, Family and property law – nazmeen@halcyonchambers.co.nz
Shehnaaz Khan, Immigration and family lawyer- shenaaz@sklegal.co.nz
Shafraz Khan, Fortune Manning Lawyers – shafraz.khan@fortunemanning.co.nz
Taufil Omar, property and commercial specialist – tomar@mcveaghfleming.co.nz
Zaid Mohammed, Senior Solicitor, Family and employment – zaid@wynyardwood.co.nz
Immigration Consultants
Adeeb Ibram, Immigration consultant – info@fernzmigration.co.nz
Saif Sheikh, Immigration Advice NZ Ltd admin@ianzl.co.nz
Community Law
Nationwide – Community Law – Free Legal Advice – https://communitylaw.org.nz/
Auckland Community Law Centre – public – https://www.aclc.org.nz/
Mangere community law centre, Mangere – (09) 275 4310, E: reception@mangerelaw.org.nz
Divorce Finalized
After the waiting period is over, the divorce is finalized. It is best for the couple to formalize the divorce in the presence of the two witnesses, verifying that the parties have fulfilled all of their obligations.
At this time, the wife is free to remarry if she wishes.
Helpful Readings:
https://www.mwnhelpline.co.uk//go_files/issue/377623-MWNU%20M+D%20Booklet_WEB.pdf
https://muslimmarriagecelebrant.com.au/rules-related-to-divorce-in-islam/
https://www.learnreligions.com/steps-to-an-islamic-divorce-2004442
Prepared by Kiwi Muslim Directory
Islamic information checked and approved by Sheikh Khaleel Ahmed Nadat
Published in the 14th Edition