Wife Requests Divorce
I am writing this email as i need some advice on a divorce issue.
I have been married for 16 years and have 4 children.
My wife and I have been living separately for a year and a half now.
We have arranged child access and payments between us.
For many years the marriage has been increasingly difficult and under pressure due to incompatibility and trust issues.
Despite reconciliation efforts my wife is adamant she wants a divorce.
Whilst i do not want a divorce, equally i do not want to continue in a marriage where my wife is not happy.
Therefore I do not want to hinder her divorce request.
Can you please advise how to formalise this divorce in accordance with Islamic laws
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
Once you have exhausted all means to make the marriage work, it is advisable to try counseling and arbitration.
If that too does not work, and you both are certain that it is in your best interest to part ways, then you should confirm whether she is in her state of purity (does not have her periods). If she is clean, you simply have to inform her that you issue one Talaaq e Raji’ (revocable divorce). You may want to have witnesses present, although that is not incumbent.
Alternatively, you may write this down and give her the document.
Once you utter or write those words, she will immediately commence her ‘Iddah (waiting period). During this time, if you regret and want to get back together, you may get back with no new Nikah.
Once the ‘Iddah expires, you can still back together, but a new Nikah will have to be done.