Islamic marriage advice and family advice

My husband cheated on me, how can I divorce him?

law fiqh marriage divorce

Those who intend to divorce their wives shall wait four months (cooling off); if they change their minds and reconcile, then GOD is Forgiver, Merciful. If they go through with the divorce, then GOD is Hearer, Knower. (2:226-227)

Salams
I have been married for 7 years and things have not worked out well between me and my husband. I found out he had cheated on me and kissed several women.

I feel I have tried to trust him and make this marriage work but he is still deleting messages and phone logs from his phone which he used to do before when he was cheating.

I feel I can't trust him anymore and have tried my best to forget and make this marriage work but I can't.

We have both have come to the conclusion of divorce.

So, my question is; how to get divorced in Islam?

Wasalam,

Mub.


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4 Responses »

  1. Mub, wa alaykum as-salam,

    The first and easiest way to get a divorce from your husband is to ask him to declare talaq. He makes a declaration of divorce, you complete the 'iddah (waiting period) of three monthly cycles, then you are divorced.

    If he refuses, you can seek khul'ah from the court. For more info, see Zawaj.com's section on divorce. There are several good articles there:

    Divorce in Islam

    Here's a section from one of them:

    In case it is the woman's desire to end the marriage, the situation becomes different. Her reasons might be that she has received ill treatment, the husband is unable to sustain her financially or he is sexually impotent. She can prove these defects in front of the judge, then the judge grants her divorce with a full access to all her financial rights.

    Also, if the husband was good to her but she does not want to keep on for an emotional reason, then she asks for what is termed khul'. This means to be granted divorce but without any access for financial rights, plus paying back the husband the dowry that he already paid on marrying her.

    Keep in mind that this is the Islamic procedure. The actual legal procedure in your country make vary from this. You should consult a lawyer to determine the legal process to divorce your husband in your country.

    Wael
    IslamicAnswers.com Editor

  2. Salam. What happens if you only got married through the court and not in Islam (no Muslims pressent except the groom)?

  3. Salaam I have been married for four years throughout the four years me and my husband have been having problems his ex is still involved in our lives I found out that he has cheated on me with her for most of our marriage I have done everything for him in the four years we have no children as we have been trying the problem is with him we had a few treatments which failed. I read my give time prayers and have been making duaa to Allah to help us with a child I have been through so much with him! He told me to leave him as he thinks we do not get on I have come back to my parents and don't know if he will be sending me a divorce after all this I do not want this to happen he does not pray I have asked him many times to ask for forgiveness I pray he goes down the right path is there anything Surahs I can read to make him realise what he is doing

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