Shari'ah & DivorceThis subject is covered in Book N of "Reliance Of The Traveller".

Chapter N2.0: General Provisions Concerning Divorce

N2.1

A free man has three pronouncements of divorce (O: because of the word of Allah Most High,

"Divorce is two times, then retain with kindness or graciously release'' (Koran 2:229),

and when the Prophet (Allah bless him and give him peace) was asked about the third time, he said.

"It is Allah's having said, or graciously release''').

Chapter N3.0: The Words that Effect a Divorce

N3.1

The words that effect a divorce may be plain or allusive. Plain words effect the divorce whether one intends divorce by them or not, while allusive words do not effect it unless one intends divorce by them.

N3.2 Using plain words to effect a divorce means expressly pronouncing the word divorce (O: or words

derived from it). When the husband says' "I divorce you,'' or "You are divorced,'' the wife is divorced

whether he has made the intention or not.

(A: Here and in the rulings below, expressions such as "The wife is divorced,'' or "The divorce is effected,'' mean just one of the three times (def: n9.0(N:) ) necessary to finalize it, unless the husband thereby intends a two-or threefold divorce (dis: n3.5) or repeats the words three times.)

Child Custody Heads up! This is one of the most important issues in family law, do not overlook it!!! It is covered in Book M, dealing with Marriage. A divorced Muslima who remarries loses child custody. A Christian divorced by a Muslim can not obtain child custody because Kuffar are not permitted to have authority over Muslims. Do you want this enforced in our courts???

m13.2 The necessary conditions for a person tohave custody of a child are:(a) uprightness (def: 024.4) (0: a corruptperson may not be a guardian, because child careis a position of authority, and the corrupt are

unqualified for it. Mawardi and Ruyani hold thatoutward uprightness (def: m3.3(f) is sufficientunless there is open wrongdoing. If the corruptnessof a child's mother consists of her not performingthe prayer (sal at) , she has no right tocustody of the child, who might grow up to be likeher, ending up in the same vile condition of notpraying, for keeping another's company has itseffects);(b) sanity (0: since a mother uninterruptedlyinsane has no right to custody, though if herinsanity is slight. such as a single day per year. herright to custody is not vitiated by it);(c) and if the child is Muslim, it is a necessarycondition that the person with custody be a Muslim(0: because it is a position of authority, and anon-Muslim has no right to authority and henceno right to raise a Muslim. If a non-Muslim weregiven charge of the custody and upbringing of thechild, the child might acquire the character traitsof unbelief (kufr.

m13A A woman has no right to custody (A: ofher child from a previous marriage) when sheremarries (0: because married life will occupy herwith fulfilling the rights of her husband and preventher from tending the child. It makes no differencein such cases if the (A: new) husbandagrees or not (N: since the child's custody in sucha case automatically devolves to the next mosteligible on the list (dis: m13.I)), unless the personshe marries is someone (A: on the list) who isentitled to the child's c!Jstody anyway (0: asopposed to someone unrelated to the child, sincesuch a person, even if willing, does not deservecustody because he lacks the tenderness for thechild that a relative would have).