Do you know that in Islam a woman may apply for a divorce if her spouse fails his duties as a husband? Once you get married, you will share everything with your other half and most often than not, it is only then that you will find out each other’s true colours, behaviours and attitude of your better half.
This article is particularly good for those who worry as to what happens if their husbands do not want to pronouce the talak.
Generally, we will proceed to obtain the divorce for the wife by way of breach of taklik i.e. the conditions at the back of the marriage cert (this is in the Singapore context) or by way of using the Hakam system.
However if there are issues such as doubts as to whether the husband pronounces the taklik or that the husband refuses to pay for the hakam, then we can do it by way of fasakh which is wider and enshrined in statute.
Excerpt From Administration Of Muslim Law Act
Under Section 49 of the AMLA (Chapter 3), a wife can apply for divorce by fasakh when certain criterias are met. Here are the excerpts and guidelines stated from Section 49(1);
A married woman shall be entitled to apply to the Court for and obtain a decree of fasakh on any one or more of the following grounds;
a) that the husband has neglected or failed to provide for her maintenance for a period of 3 months;
b) that the husband has been sentenced to imprisonment for a period of 3 years or upwards and such sentence has become final;
c) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of one year;
d) that the husband was impotent at the time of the marriage and continues to be so;
e) that the husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her;
f) that the husband treats her with cruelty, that is to say;
- habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment;
- associates with women of ill repute or leads an infamous life;
- attempts to force her to lead an immoral life;
- obstructs her in the observance of her religious profession or practice;
- lives and cohabits with another woman who is not his wife or;
- if he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law;
g) on any other ground which is recognised as valid for the dissolution of marriage by fasakh under the Muslim law.
You can read more from Administration Of Muslim Law Act on divorce by fasakh here.
Increasing number of divorces?
Across the globe, divorce rates have been on the rise and the reasons for it are varied. In the majority of the divorce cases, infidelity or extra marital affair is the top reason for a divorce, while financial problems and desertion were also cited as reasons for divorce.
Yes, they are of course more serious cases of abuse or infidelity which causes the couple to have thoughts of separation or divorce. For some couples they will consider going for counselling sessions to try and resolve their marital issues.
Most would try to be amicable and save their marriage, especially if they have children. It is important to consider the future of their children first and put their children’s best interests at heart and will try to put up with anything that is being thrown to them.
However, no matter how patient a person can be, there is a limit to one’s patience and sooner or later, their patience will run out. So where do you go? How do you proceed? Do you need to care about other people’s perceptions of you or your next course of actions?
We are here to guide you through the intricacies of divorce.
In our next article, we share with you on the processes of getting a divorce in Singapore.
Engaging a lawyer is not compulsory but it is definitely helpful especially when there is a lot at stake.
As lawyers, our professional duty is to represent our clients through their divorce proceedings. We will not advise you on whether or not is it better for you to divorce. That is a decision that you will have to make on your own accord.
If you have not made up your mind or wish to save your marriage, please proceed to a counsellor or Ustaz who will be able to advise you better.
We are here to assist those whom wish to divorce or are in the midst of divorce or PPO proceedings.
Do contact us if you have any questions.