What Options Do Muslim Women Have in a Religious Divorce?

 Posted on January 15, 2025 in Islamic Divorce

The Islamic tradition allows both Muslim men and women to divorce. However, men may divorce their wives unilaterally, while women must secure the consent of their husbands. Should a husband refuse to grant his wife access to a religious divorce, she could be divorced under civil laws but still considered to be religiously married by the community and her husband.

Civil and religious divorces must be done separately; a religious divorce through the community process and a civil divorce through the state family court system. This approach restricts the ways in which Muslim women can secure a religious divorce.

There are other options available under Islamic laws that can free a woman from a marriage she no longer wants. If you are seeking a civil and religious divorce, an experienced Oakbrook Terrace, IL attorney from Farooqi & Husain Law Office is ready to help you through the process. At Farooqi & Husain Law Office, we are committed to serving the Muslim community in DuPage County.

Muslim women could begin the divorce process through khul. In this situation, the wife may initiate a divorce because of incompatibility or other grounds with her husband. However, this option ultimately requires a husband’s consent.  

When a husband has done something that makes him at fault, the wife can initiate a judicial divorce through faskh. A wife would present her case, along with evidence that supports the grounds for divorce. Since this type of religious divorce does not require consent from the husband, this may be the option a woman can take if she is unsuccessful with khul. This would be through a community process involving Islamic religious leaders known as imams or qadhis.  

A Muslim woman can stipulate in the contract of marriage her right to divorce her husband through talaq at-tafwid. This essentially means the husband grants his right of talaq to his wife through delegation so she can initiate a divorce without the necessity of obtaining his consent. In the same way as a prenuptial agreement, many Muslim women are hesitant to include a talaq at-tafwid in their marriage contract because others may feel they are not committed to the marriage.

Under the Illinois Marriage and Dissolution of Marriage Act, a person's personal religion has no bearing on his or her ability to get divorced in the state. While a religious divorce may not significantly impact a civil divorce, it can affect the allocation of parental responsibilities and how marital assets are distributed. So, while a secular and religious divorce may run parallel to one another, they are separate and distinct procedures and laws.  

Contact a DuPage County, IL Divorce Lawyer

If you are a Muslim woman with questions regarding civil and/or Islamic divorce, an Oakbrook Terrace, IL divorce lawyer from Farooqi & Husain Law Office is here to help. Attorney Husain couples his legal experience with a broad knowledge of Islamic family law, which provides him with a unique perspective in assisting the Chicago Muslim community in understanding the intersection of law and religious practices. Attorney Farooqi also has a comprehensive understanding of how Islamic law and U.S. law intersect. Call 630-909-9114 today to schedule an initial attorney meeting with one of our highly skilled lawyers.