# Faimly lawyer **URL:** \ **Category:** Factual Questions\ **Created:** [February 1, 2016, 9:38am UTC](https://boards.straightdope.com/t/faimly-lawyer/744829 "2016-02-01T09:38:21Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![slc\_lawyer](https://avatars.discourse-cdn.com/v4/letter/s/7cd45c/32.png) [@slc\_lawyer](https://boards.straightdope.com/u/slc_lawyer)\ **Post date:** [February 1, 2016, 9:38am UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/1 "2016-02-01T09:38:21Z")
I live in Mississauga kindly tell me the the procedure of divorce in islam? ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [February 1, 2016, 9:54am UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/2 "2016-02-01T09:54:33Z")
Check [some local legal clinics.](http://www.legalclinicsinpeel.ca/) ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [February 1, 2016, 2:51pm UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/3 "2016-02-01T14:51:41Z")
An interesting point - in Jewish religious law, a divorce only happens if the man gives his (ex)wife a “get”. Ontario law states that a man cannot appear in family court or defend himself against support claims, custody claims, etc. unless he gives that “get” - i.e. he cannot hold his wife hostage to religion and also send his lawyer to demand better terms in court. I assume the same applies to Sharia law - if the husband will not give the wife a religious divorce, he cannot contest the civil divorce and the terms of custody or support? Or can the wife get a religious divorce unilaterally? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 1, 2016, 4:33pm UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/4 "2016-02-01T16:33:47Z")
> [@Bryan\_Ekers](#): > > Check [some local legal clinics.](http://www.legalclinicsinpeel.ca/) I don’t think a local legal clinic will be able to offer much help with an _Islamic_ divorce. ---
**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\ **Post date:** [February 1, 2016, 5:02pm UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/5 "2016-02-01T17:02:30Z")
> [@Really\_Not\_All\_That\_Bright](#): > > I don’t think a local legal clinic will be able to offer much help with an _Islamic_ divorce. Except for its timing, it’s not such bad advice. From 1991 to 2005 the Arbitration Act could be used to enforce rulings of religious courts in Ontario. That presumably included rulings on Islamic divorce. ---
**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\ **Post date:** [February 1, 2016, 5:05pm UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/6 "2016-02-01T17:05:22Z")
> [@md2000](#): > > I assume the same applies to Sharia law - if the husband will not give the wife a religious divorce, he cannot contest the civil divorce and the terms of custody or support? Or can the wife get a religious divorce unilaterally? At this point we don’t know whether the OP’s scenario involves a civil marriage. If the marriage is religious but not civil (or vice versa), that probably simplifies things, as there’s only one jurisdiction to worry about. Perhaps the OP could provide further details on the situation so that we can give more targeted advice. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [February 1, 2016, 5:51pm UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/7 "2016-02-01T17:51:23Z")
> [@Really\_Not\_All\_That\_Bright](#): > > I don’t think a local legal clinic will be able to offer much help with an _Islamic_ divorce. At the very least, it could be good research into the civil ramifications. Heck, if the OP wants an Islamic divorce, I’d be happy to send him a nicely-printed Islamic divorce decree suitable for framing, just pay shipping and handling. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [February 1, 2016, 7:45pm UTC](https://boards.straightdope.com/t/faimly-lawyer/744829/8 "2016-02-01T19:45:02Z")
[http://yourlegalrights.on.ca/resource/marriage-and-divorce-muslim-women](http://yourlegalrights.on.ca/resource/marriage-and-divorce-muslim-women) > [@](#): > > **Marriage and Divorce for Muslim Women** > > This booklet reviews the laws on marriage in Ontario and divorce in Canada and explains how these laws relate to Islamic family law. It looks at the legal status of marriages and divorces from other countries and the role of Canadian family law in dealing with religious barriers to remarriage. > > Other credits > This booklet is made possible by and based on material produced by Family Law Education for Women (FLEW). Also: > **[Divorce in Islam](https://en.wikipedia.org/wiki/Divorce_in_Islam)** > > Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq (repudiation (marriage)), khulʿ (mutual divorce) and faskh (dissolution of marriage before the Religious Court). Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from le