Islamic Arbitration and Mediation Services (IAMS) was established to provide the Muslim community with an alternative dispute resolution process that addresses marital issues and conflicts within the scope of Islamic teachings while also ensuring conformity with state law.
In Islam, marriage (nikah) is considered a sacred contract between a man and a woman, and like any contract, it can be dissolved. Divorce is permitted, though it is considered a last resort. The Prophet Muhammad (PBUH) is quoted as saying, “Of all the lawful things, divorce is the most hated by Allah.” This highlights the emphasis placed on attempting reconciliation before pursuing a divorce.
The waiting period, or iddah, is a crucial part of the divorce process in Islamic law. The purpose of this period is to allow for possible reconciliation, and also to determine whether the wife is pregnant, as the lineage of any potential child must be established.
The iddah typically lasts for three menstrual cycles (or approximately three months) if the wife is not pregnant. If the wife is pregnant, the waiting period lasts until the birth of the child. During the iddah, the couple remains legally married, and the husband is still responsible for providing financial support to the wife.
Divorce should not be the first step in resolving marital issues. Islamic teachings encourage mediation and reconciliation before initiating the process of divorce. The Qur’an (4:35) says, “If you fear a breach between them, appoint two arbiters, one from his family and the other from hers; if they wish for peace, Allah will cause their reconciliation.”
Mediation is a vital part of the Islamic approach to divorce, and at IAMS, mediation services are offered to couples as a means to address and resolve their differences in accordance with Islamic principles. Trained mediators work to help the couple find common ground, communicate more effectively, and explore options for preserving the marriage before finalizing a divorce.
While Islamic law provides a spiritual and moral framework for divorce, Muslims living in non-Islamic countries must also ensure that their divorce complies with local legal requirements. In many countries, a divorce granted under Islamic law alone is not legally recognized unless it also follows state law procedures.
IAMS ensures that divorces processed through its services adhere to both Islamic guidelines and state regulations. This dual approach prevents potential legal issues for either party and ensures that the divorce is recognized both in religious and civil terms.
IAMS offers a comprehensive service that integrates Islamic law with state law, allowing Muslim couples to navigate the divorce process in a way that respects both their religious beliefs and legal obligations.
Islamic law places a strong emphasis on justice and fairness, particularly when it comes to divorce. Both the husband and wife have rights that must be respected, and the process of divorce is designed to protect those rights. The wife is entitled to financial support during the waiting period (iddah), and any children from the marriage must be cared for in a manner that ensures their well-being.
Islamic Arbitration and Mediation Services prioritize these values of fairness and justice, ensuring that all parties involved in the divorce process are treated with respect and given the support they need.
Divorce is a complex and sensitive issue, particularly within the Muslim community, where both religious and legal considerations must be taken into account. Understanding the divorce process in Islamic law can help ensure that both parties are treated fairly and with respect.
At IAMS, we provide a comprehensive service that supports the Muslim community through every step of the divorce process. From mediation to legal compliance, we ensure that the process is handled by Islamic teachings and state law, helping you navigate this difficult time with dignity.
If you are considering divorce or need help resolving marital issues, contact IAMS today to learn more about how we can assist you. Visit our website to get started.
