Divorce Policy

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:

  1. Have the couple make an appointment (via email) with the imam 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 imam.
    1. There may be a referral for additional input from a licensed marriage counselor if needed.
  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 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).
    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 (the spiritual counselor will instruct on how and when the talaq is pronounced during the session).
    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 initiating 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.

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.