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 the Islamic Center of Morgantown is here to help smoothen that transition as much as possible.
We, in general, will utilize the following procedures:
- Have the couple make an appointment (via email) with the imam to see if the marriage is reconcilable.
- If there is a chance for reconciliation, then an appropriate reconciliation strategy will be presented and followed up with accordingly by the imam.
- There may be a referral for additional input from a licensed marriage counselor if needed.
- If the marriage is irreconcilable, then the contesting party will be identified, and the following possibilities will be presented:
- If both parties agree on a divorce, then they may part on whatever terms they agree on.
- If the wife chooses to return the mahr (marriage dower) or a part of it, then the divorce will be considered a khul’.
- If there is an agreement for no compensation, then the divorce will be considered a talaq (the imam will instruct on how and when the talaq is pronounced during the session).
- If the husband is the contesting party, then
- If the wife chooses to return the mahr (marriage dower) or a part of it, then the divorce will be considered a khul’
- If there is no compensation, then the divorce will be considered a talaq (the spiritual counselor will instruct on how and when the talaq is pronounced during the session).
- If the wife is the contesting party, then
- 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’.
- If the husband does not agree after being offered compensation, then she would seek an annulment (faskh) by
- Approaching a circuit court and initiating a court divorce.
- Once the court divorce is finalized, she should present her court papers to the imam.
- The imam will contact the husband and provide an opportunity to the husband to divorce her Islamically.
- If the husband does not agree, then the annulment (faskh) process will be initiated.
- If both parties agree on a divorce, then they may part on whatever terms they agree on.
A divorce certificate from ICM will not be issued until the court divorce has been finalized and must be done so in all of the divorce situations presented previously.