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The process for Jewish and Muslim women seeking a divorce

Date:11 DEC 2017
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Solicitor
Solicitor

The Islamic Sharia Council and the Jewish Beth Din provide private, faith-related dispute resolution in a non-legal setting.

Under Islamic law, the Talaq divorce is a simple procedure that can be performed by the husband alone. If a husband refuses to pronounce Talaq, the wife may request a Sharia divorce from a Sharia law body (such as the local Sharia Council). The process is costly and time-consuming for wives, although there can be variations between Muslim countries. 

Unlike men, Muslim wives cannot unilaterally divorce their husbands. Without a religious divorce, Muslim wives cannot remarry according to religious law. If the wife seeks a divorce, she has to follow a complex procedure where she must engage with her local Sharia Council in a way which is not required of a man. Each Sharia Council operates according to its own procedures and practices.

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