QUICK TIPS: DIVORCE IN ISLAM MARRIAGES

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 DIVORCE IN ISLAM MARRIAGES

The Islamic religion protects the sanctity of marriage and considers the family a basic unit of society. Although reconciliation between couples is recommended, divorce is an option that is open and available to married couples in the Islamic faith. 
  
The Marriage and Divorce of Muhammedans Act allow people of the Islamic faith to divorce following the norms and values of the Muslim religion. As such, unlike other forms of divorce, in Islam, there are types of divorce which include Talaq, Khul or Mabaraah. 
  
The grounds for divorce in Islamic marriages depend on the type of divorce. For example, in Mabaraah, a husband and wife petition for divorce on the mutual agreement to end the marriage. In Talaq, a husband may file for divorce on the grounds of adultery, insubordination, disobedience and unreasonable denial of sexual intercourse by the wife. Khul, on the other hand, is where a wife is unwilling to continue with a marriage on the grounds of sexual dissatisfaction. Other grounds for Khul include failure of the husband to maintain and care for the wife, cruelty to the wife and desertion by the husband for three months.  
  
It should, however, be noted that the grounds for adultery in Islam are very high. For example, for a third party to prove adultery, there should be four witnesses, each of which must have seen the sexual act firsthand. It should be noted that a spouse can decide to continue with the marriage and reconcile despite having grounds for divorce.  
  
Divorce in Uganda is granted by the court. Therefore, an aggrieved Muslim spouse may petition the court for divorce on the above-mentioned grounds.



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