Canada: Information on the procedures for securing a divorce in Islam in Canada, on whether these procedures are uniform throughout Canada, and on whether a record of the divorce would be kept at a mosque if the divorce took place in Canada

For information on the procedures to obtain a divorce in Sunni Islam, please consult Response to Information Request ZZZ27130.E of 28 May 1997, available at Regional Documentation Centres.

The following information was provided by the Imam of the Islamic Centre of Québec in Montréal, based on his personal knowledge and experience. He has been involved with the mosque and its community since 1974, in one form or another. He has performed Islamic marriages since 1979 and also announces divorces as well, according to the four schools of Islamic jurisprudence (the Hanafi, the Maliki, the Shafi'i and the Hanbali). The imam stated that only the civil courts can grant divorces in Canada. He does not have the legal authorization to grant a divorce. Once the civil divorce has been granted, and the Islamic conditions have been met and the procedures followed, then an Islamic divorce can be pronounced. The imam does not sign a certificate of divorce as only the civil authorities can do so. Therefore, records of Islamic divorces that have occurred in Canada do not exist. The imam stated that if a letter is required by the couple to prove that they had obtained an Islamic divorce, he will write a letter attesting to the Islamic divorce based on proof of the civil divorce and will keep a copy for his records. He stated that this is an exception and not a rule.

The imam stated that since there are so many technicalities to divorce in Islam, the information that he has provided is not exhaustive. It is general information based on his knowledge and experience. In order to get more complete information on obtaining divorce in Islam, one must consult the books of jurisprudence.

The imam stated that divorce in Islam is very complicated. There are four schools of Islamic jurisprudence in Sunni Islam. There are differences between these four schools relating to the conditions under which divorce can be granted under Islam, on the weight granted to the pronunciation of talaq (saying "I divorce thee," or the equivalent), among other things. When dealing with divorce in Islam, if the case is unique or complicated, the imam consults with Muslim scholars, asks for fatwas (legal rulings) from Al-Azhar in Egypt and other religious authorities, and consults regularly the books of Islamic jurisprudence.

The imam stated that since he does not have the legal authority to grant a divorce, if a couple comes to him seeking a divorce in Islam, he states that they must first apply for a civil divorce. Once the civil divorce process has begun or the divorce has been granted, the imam gets involved. If a couple has had an Islamic marriage, they are still married according to Islam until they obtain an Islamic divorce, even if they have already obtained a civil divorce.

When a couple comes to the imam seeking a divorce, the imam asks for the reasons for divorce. If the couple, for example, has already obtained the civil divorce or is in the process of obtaining this civil divorce based on a one year separation, then the imam can pronounce the couple divorced under Islam once the husband has made the three consecutive divorce declarations. The divorce is then final in Islam.

If the couple is in the early stages of divorce, the imam offers to mediate and counsel them, encouraging them to work out their difficulties and save their marriage. If the couple still wishes to divorce, the imam explains the steps of divorce to them, guiding them according to the conditions of Islam. Under these conditions, the divorce takes place over three months, with a month between each of the three declarations of the husband "I divorce thee" (or the equivalent). This delay between the declarations permits the couple to reflect on their decision to divorce, to attempt mediation or counselling, and to ensure that the wife is not pregnant. If the wife is pregnant, the divorce cannot take place. During this three month period, marital relations do not occur. If the couple resumes marital relations, then the divorce declaration(s) become null and void. Although Islam permits a husband to simply repeat "I divorce thee" (or the equivalent) three times, he is deemed a sinner for doing so.

If the husband is initiating the divorce, witnesses are not necessary, although the wife must be informed of her divorce, either verbally or in writing. The wife must know she is being divorced; if she is not present or informed (in writing or verbally) of her divorce, it is null and void.

A woman can initiate a divorce in Islam on certain conditions, as outlined by the four schools of Islamic jurisprudence. Again, a civil divorce must already have been obtained or the procedures begun. In the instance of the wife initiating divorce, she would lose her right to the mahr (dower). If a woman wishes to initiate divorce, she must see a qadi (judge) or an imam who asks for the reasons for the divorce. If the reasons are acceptable, he asks the husband to grant his wife a divorce. If the husband refuses to grant his wife a divorce, the wife can give her reasons for wanting divorce in front of two male witnesses or one male witness and two female witnesses and then the qadi will say the couple is divorced.

Corroborating information could not be found among the sources consulted by the DIRB.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Imam of the Islamic Centre of Quebec in Montréal. 28 May 1997. Telephone interview.

Additional Sources Consulted

Oral sources.

Two oral sources did not provide information on the requested subject.