Divorce Sharia Style
Couples in conflict
Imran and Nasira – a polygamous arrangement
Six years ago Imran, 27, went to Pakistan where his parents arranged for him to marry his cousin, Nasira, who joined him in London a year later. Far from her family and unable to speak English, and now with three young children, Nasira is completely dependent on Imran. ‘I came here thinking that he’d treat me well, wouldn’t hurt me … But he keeps hurting me on purpose so that I leave him, run away.’
Despite the palpable misery of both partners, Imran’s parents oppose divorce, saying that it would bring dishonour on them. Instead, they sanction Imran taking a second wife in Pakistan since, under Pakistan’s laws, a man may have up to four wives. Under British law, though, no one can have more than one spouse at a time, so Imran could not bring his second wife to live in Britain. Nasira is horrified that he has married a second wife and, after a massive row, Imran issues her an Islamic divorce and she moves away to Bradford. Under pressure from his family, though, he’s hoping the Sharia Council will declare his divorce invalid, and help him take her back.
A Muslim man can verbally divorce his wife. This is called Talaq. However, men are supposed to pronounce Talaq to their wives on three separate occasions, not all in one go as Imran did. He sees Sheikh Hassan, Senior Judge and Secretary of the Sharia Council, hoping that the Sheikh will give him a religious ruling or fatwa that will convince Nasira and her family that the Talaq isn’t final. Sheikh Hassan rules that the divorce is not valid. Imran has his fatwa, but still has to convince Nasira to return.
Irum’s story
A Muslim woman has the right to ask the council to dissolve her marriage if her husband treats her with physical or mental cruelty (among many other grounds). If these grounds are established, the husband must give her compensation. Under Muslim laws, a woman also has the right to ask the council to dissolve her marriage even if she has no grounds, but then provided she compensates her husband. This latter is called ‘khula’.
Irum, 26, is living in a women’s refuge. She is separated from her husband, who is on remand awaiting trial on a matter unrelated to the marriage. Irum is applying to the Sharia Council for her divorce because her husband has refused to divorce her.
‘It was basically a conventional arranged marriage whereby his family approached my parents,’ says Irum. ‘We courted for six months, got on really well – love of my life so to speak – and we were married six months later.’ Things started to go wrong within a couple of months but, says Irum, ‘My marriage is a Muslim marriage and those vows are sacred and therefore it’s more important for me to go to the Sharia Council to get my Islamic divorce, more so than the civil.’ Although Irum sees the vows as ‘sacred’, in fact, unlike Christian marriage, Muslim marriage is a contract, not a sacrament.
According to the way the British Sharia Council applies Muslim laws, as a woman, she has to prove her husband’s unreasonable behaviour. So before the council will consider her case, Irum has to prove that her civil divorce is underway and that there are reasonable grounds for divorce – and the council also insists on getting her husband’s views. He writes to say he’s a changed man and wants another chance. Sheikh Hassan asks Irum: ‘Don’t you think that a person … can repent to Allah and can change?’ Irum replies: ‘I do. and that’s probably why I gave him as many opportunities as I had … but he has written dozens of letters like that to me. You know I tried to kill myself.’ Nevertheless, The council rules that she must wait until after her husband’s trial and have further discussions before they will grant a divorce, which Irum refers to as a ‘khula’.
The meaning and procedure for khula varies between different Muslim countries. Some say it requires the husband’s permission and others not. In classical Muslim jurisprudence, it is a divorce initiated by the wife without needing to establish any grounds and is based on a story about a woman who asked the Prophet’s ruling on the problem that she simply found her husband repulsive and wanted to end her marriage. The Prophet dissolved the marriage but ordered her to return to him the orchard he’d given her as a marriage gift.
Yasmine – a clear cut case?
The problems in Yasmine’s marriage bring the Sharia Council into the 21st century. She shows Sheikh Hassan pornographic emails that her husband has received at the house and which her children find lying around. Now, she says, bailiffs are arriving to recover debts her husband has incurred. ‘Please,’ she cries. ‘I beg you, give me back my sanity.’
Confronted with such strong evidence, Sheikh Hassan thinks this is a clear-cut case for immediate divorce. In extreme cases, the sheikhs have the power to dissolve the marriage immediately. He needs at least two others to agree with him but his colleagues, Sheikh Abu Sayeed and Sheikh Haitham, are not ready to issue a divorce until they are able to talk to the husband. Only in extreme cases will a divorce be issued without hearing from both sides.
The Sheikhs rulings are not legally binding, though, and it’s up to clients whether they follow the council’s suggestions.
Names have been changed to protect individuals.
