Document #1352081
IRB – Immigration and Refugee Board of Canada (Author)
For information on the procedures to obtain
a divorce in Sunni Islam, please consult Response to Information
Request ZZZ27130.E of 28 May 1997, available at Regional
Documentation Centres.
The following information was provided by
the Imam of the Islamic Centre of Québec in Montréal,
based on his personal knowledge and experience. He has been
involved with the mosque and its community since 1974, in one form
or another. He has performed Islamic marriages since 1979 and also
announces divorces as well, according to the four schools of
Islamic jurisprudence (the Hanafi, the Maliki, the Shafi'i and the
Hanbali). The imam stated that only the civil courts can grant
divorces in Canada. He does not have the legal authorization to
grant a divorce. Once the civil divorce has been granted, and the
Islamic conditions have been met and the procedures followed, then
an Islamic divorce can be pronounced. The imam does not sign a
certificate of divorce as only the civil authorities can do so.
Therefore, records of Islamic divorces that have occurred in Canada
do not exist. The imam stated that if a letter is required by the
couple to prove that they had obtained an Islamic divorce, he will
write a letter attesting to the Islamic divorce based on proof of
the civil divorce and will keep a copy for his records. He stated
that this is an exception and not a rule.
The imam stated that since there are so
many technicalities to divorce in Islam, the information that he
has provided is not exhaustive. It is general information based on
his knowledge and experience. In order to get more complete
information on obtaining divorce in Islam, one must consult the
books of jurisprudence.
The imam stated that divorce in Islam is
very complicated. There are four schools of Islamic jurisprudence
in Sunni Islam. There are differences between these four schools
relating to the conditions under which divorce can be granted under
Islam, on the weight granted to the pronunciation of talaq
(saying "I divorce thee," or the equivalent), among other things.
When dealing with divorce in Islam, if the case is unique or
complicated, the imam consults with Muslim scholars, asks for
fatwas (legal rulings) from Al-Azhar in Egypt and other
religious authorities, and consults regularly the books of Islamic
jurisprudence.
The imam stated that since he does not have
the legal authority to grant a divorce, if a couple comes to him
seeking a divorce in Islam, he states that they must first apply
for a civil divorce. Once the civil divorce process has begun or
the divorce has been granted, the imam gets involved. If a couple
has had an Islamic marriage, they are still married according to
Islam until they obtain an Islamic divorce, even if they have
already obtained a civil divorce.
When a couple comes to the imam seeking a
divorce, the imam asks for the reasons for divorce. If the couple,
for example, has already obtained the civil divorce or is in the
process of obtaining this civil divorce based on a one year
separation, then the imam can pronounce the couple divorced under
Islam once the husband has made the three consecutive divorce
declarations. The divorce is then final in Islam.
If the couple is in the early stages of
divorce, the imam offers to mediate and counsel them, encouraging
them to work out their difficulties and save their marriage. If the
couple still wishes to divorce, the imam explains the steps of
divorce to them, guiding them according to the conditions of Islam.
Under these conditions, the divorce takes place over three months,
with a month between each of the three declarations of the husband
"I divorce thee" (or the equivalent). This delay between the
declarations permits the couple to reflect on their decision to
divorce, to attempt mediation or counselling, and to ensure that
the wife is not pregnant. If the wife is pregnant, the divorce
cannot take place. During this three month period, marital
relations do not occur. If the couple resumes marital relations,
then the divorce declaration(s) become null and void. Although
Islam permits a husband to simply repeat "I divorce thee" (or the
equivalent) three times, he is deemed a sinner for doing so.
If the husband is initiating the divorce,
witnesses are not necessary, although the wife must be informed of
her divorce, either verbally or in writing. The wife must know she
is being divorced; if she is not present or informed (in writing or
verbally) of her divorce, it is null and void.
A woman can initiate a divorce in Islam on
certain conditions, as outlined by the four schools of Islamic
jurisprudence. Again, a civil divorce must already have been
obtained or the procedures begun. In the instance of the wife
initiating divorce, she would lose her right to the mahr
(dower). If a woman wishes to initiate divorce, she must see a
qadi (judge) or an imam who asks for the reasons for the
divorce. If the reasons are acceptable, he asks the husband to
grant his wife a divorce. If the husband refuses to grant his wife
a divorce, the wife can give her reasons for wanting divorce in
front of two male witnesses or one male witness and two female
witnesses and then the qadi will say the couple is
divorced.
Corroborating information could not be
found among the sources consulted by the DIRB.
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
Imam of the Islamic Centre of Quebec in
Montréal. 28 May 1997. Telephone interview.
Additional Sources Consulted
Oral sources.
Two oral sources did not provide
information on the requested subject.