Jump to ContentJump to Main Navigation
Islamic Divorce in North AmericaA Shari’a Path in a Secular Society$
Users without a subscription are not able to see the full content.

Julie Macfarlane

Print publication date: 2012

Print ISBN-13: 9780199753918

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199753918.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 May 2020

Getting Divorced

Getting Divorced

Chapter:
(p.141) 6 Getting Divorced
Source:
Islamic Divorce in North America
Author(s):

Julie Macfarlane

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199753918.003.0006

This chapter describes the steps taken and processes employed when North American Muslims seek a religious divorce. In the absence of Muslim courts, and because Islamic divorce in North America has no force of law, almost all respondents obtained a civil divorce as well as sought religious approval. Some of those who sought religious divorce did so because of a sense of religious duty, but many others described their motivation in different terms—as an important affirmation of their cultural identity as a Muslim, or as meeting their needs of their family or community, or as a means of personal closure at the end of a marriage. This chapter describes the most common features of the highly informal process of religious divorce, usually overseen by an imam. The most common experiences described by respondents are a process of dialogue, often facilitated by an imam (26 percent); and divorce initiated by the wife and approved by an imam, in the absence of the husband’s agreement (36 percent). Twenty percent of respondents sought but failed to obtain a religious divorce, usually because they were unable to find an imam willing to overrule their husband’s refusal to agree to divorce.

Keywords:   Islamic divorce, civil divorce, Imams, Imam shopping, gender, Talaq, Khula, Faskh

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .