Family Services/Divorce Procedure

Divorce Procedure

Divorce is an unfortunate reality when reconciliation is not a solution. There are a number of issues that arise when a couple is unable to reconcile and Dar Al-Hijrah Islamic Center is here to help smoothen that transition as much as possible.

We, in general, will utilize the following procedures:

  1. Have the couple make an appointment with a spiritual counselor to see if the marriage is reconcilable 
  2. If there is a chance for reconciliation, then an appropriate reconciliation strategy will be presented and followed up with accordingly by the assigned spiritual counselor with the additional input from a licensed marriage counselor
  3. If the marriage is irreconcilable, then the contesting party will be identified and the following possibilities will be presented
    1. If both parties agree on a divorce, then they may part on whatever terms they agree on
      1. If the wife chooses to return the mahr (marriage dower) or a part of it, then the divorce will be considered a khul’
      2. If there is no compensation then the divorce will be considered a talaq
    2. If the husband is the contesting party then
      1. If the wife chooses to return the mahr (marriage dower) or a part of it, then the divorce will be considered a khul’
      2. If there is no compensation then the divorce will be considered a talaq
    3. If the wife is the contesting party then
      1. She can request a divorce and offer to return the mahr (marriage dower) and/or provide some type of financial compensation if he agrees. This would be considered a khul’
      2. If the husband does not agree after being offered compensation then she would seek an annulment (faskh) by 
        1. Approaching a circuit court and initiate a court divorce
        2. Once the court divorce is finalized she should present her court papers to the imam
        3. The imam will contact the husband and provide an opportunity to the husband to divorce her Islamically
        4. If the husband does not agree, then the annulment (faskh) process will be initiated
  4. A divorce certificate from DAH will not be issued until the court divorce has been finalized and must be done so in all of the divorce situations presented previously
  5. Dar Al-Hijrah Islamic Center charges 
    1. $300 for all divorce certificates
    2. Payment is accepted in multiple forms of payment (cash, credit, etc.)