There are several ways for establishing divorce in Shariah:
Both the husband and the wife come to an agreement that they wish to separate through divorce, and the husband then pronounces one declaration of divorce upon his wife….and if the couple do not reconcile before the waiting period of ‘iddah’ (three menstrual cycles of the wife), a divorce in the marriage will be established.
The husband alone wishes to divorce his wife; in such a case the husband has the right to declare a divorce upon his wife
The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’:
She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her.
If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Shariah Judge has the right to declare a divorce between the husband and the wife in marriage.
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