In Trinidad and Tobago, the Muslim Marriage and Divorce Act Chap. 45:02 stipulates certain requirements for the State to recognize marriages and divorces done according to Islamic law.
The Application
Either party to the marriage can apply for a divorce by filing an application with the secretary of his or her Muslim body. Once a party files an application, the secretary of the Muslim body certifies it. Afterwards, the secretary sends copies to the spouse, the Registrar of the Supreme Court and the secretaries of the other Muslim bodies.
Grounds for the Divorce
The legislation recognizes the following grounds of divorce:
- desertion
- the wife cannot tolerate the husband’s drinking or drug use
- physical, mental or emotional abuse
- cruelty
- infidelity
- irreconcilable differences and incompatible temperament
- the husband refuses or cannot support his wife
The Hearing
At the hearing, the applicant states his or her case before a panel of divorce officers. The applicant can represent himself or choose to retain an attorney. The respondent spouse also has the opportunity to present their case. The panel will grant a decree nisi if it is satisfied with the grounds for the application. This decree can be made absolute after three months. After the hearing, the panel sends a copy of its decision to the Registrar and the secretaries of the other Muslim bodies.
Registering a Muslim Divorce
Once the decree is absolute, the secretary of the Muslim body enters the certificate in the Muslim Divorce Certificate book. Both the secretary and the Chairman of the respective Muslim body sign this certificate.
For the divorce to be recognized by the State, the secretary sends a copy of the certificate to the Registrar of the Supreme Court and requests its registration. When the Registrar receives these documents, he records the divorce in the Muslim Divorce Register.
Need more info?
You can find out more here.
Disclaimer: This article is for information purposes only and does not constitute legal advice. If you have a legal issue, please consult a qualified attorney.
Enjoyed this article? Read more on family law here.