Follow-up to Response to Information Request CAN27010.E of 29 May 1997 on the procedures for securing a divorce in Islam in Canada, on whether these procedures are uniform throughout Canada, and on whether a record of the divorce would be kept at a mosque if the divorce took place in Canada [CAN27296.E]

For information on the procedures to obtain a divorce in Sunni Islam in Canada, please consult Response to Information Request ZZZ27130.E of 28 May 1997, available at Regional Documentation Centres.

For further information on these subjects, please refer to the attached 11 June 1997 fax from the Imam of the Canadian Islamic Centre al Jamieh in Dorval, Québec, and the attached 25 August 1997 fax from the Islamic Coordinating Council of Imams-Canada in Scarborough, Ontario.

On 27 August 1997, the Islamic Coordinating Council of Imams-Canada stated that

In Islam, divorce is a matter between the husband and wife. When the husband pronounces talaq ("I divorce thee" or the equivalent) three times, he and his wife are divorced according to Islam. No officiation is required to witness or certify the divorce. Since an Islamic divorce is not legally recognized in Canada, Islamic centres (or mosques) do not issue divorce certificates. However, if a Muslim couple requires a letter stating that their marriage is dissolved in accordance with Islamic Shariah, an Islamic centre can, upon request, issue a letter attesting to this. However, this letter is not an official letter of divorce nor does it carry any legal weight. The Islamic centre that issues such a letter may or may not keep a copy of it.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference


Islamic Coordinating Council of Imams-Canada, Scarborough, Ont. 27 August 1997. Telephone interview.

Attachments


Canadian Islamic Centre al Jamieh, Dorval, Qué. 11 June 1997. Fax sent by the Imam.

Islamic Coordinating Council of Imams-Canada, Scarborough, Ont. 25 August 1997. Fax sent by the coordinator.

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