Today Muslims continue to respect the rules given them by Mohammed. When living in a western society, Muslims obey both the laws of Mohammed and the laws of the government. For that reason, one or both members of an unhappy Muslim marriage can not, in good conscience, hasten the preparations for an uncontested divorce. If such a couple plans to respect the laws of Islam, then that couple will recognize its obligation to adhere to the Muslim guidelines for an uncontested divorce.
For a non-Muslim, an uncontested divorce seems like a sure way to put a quick end to an unpleasant married life. For a Muslim couple, a willingness by both parties to agree on the division of assets does not speed the process that threatens to abolish the union established by the marriage vows. If much soul-searching has convinced a couple that the spirit of unity no longer exists within their married life, then that couple must seek out two Muslim witnesses. Those witnesses must then hear from the couple the reason why the two of them want to submit a divorce petition.
After submission of the divorce petition, the Muslim couple can not yet plan the disbursement of assets. Muslim law calls for a three month waiting period. During that three month waiting period, the couple lives apart. Neither the wife nor the husband is to engage in any sexual act during the waiting period. That waiting period is intended to help both the wife and the husband to find out how much they enjoy freedom from perceived annoyances by a mate. If such freedom does not pale in relation to the loss of companionship, then the couple can proceed on to the next stage.
Muslim couples living in a western society might plan to see a marriage counselor during the waiting period. Such visits would help the couple to focus their thinking on matters that could guide their pending decision. Guidance might also be sought from Muslim religious leaders. Such guidance could be especially helpful in certain situations.
Suppose, for example, that a wife had made a habit of visiting a local casino. The husband did not approve. He knew that such visits violated Muslim law. A western marriage counselor might not fully understand the husband’s reluctance to ignore his wife’s casino visits. The husband might therefore want to talk with a Muslim religious leader during the waiting period
If such visits confirm in the mind of the wife and husband the fact that a divorce would be the best course of action, then they can proceed. If they know how they want to divide their assets, then they can follow the prescribed method for an uncontested divorce.