If there are children...

If there are children, the separation between their parents will affect their position also in many ways. In view of these results, special conditions have been visualized for divorce so that it may be warded off as far as possible, for if it is taken easy, the future of children will certainly be threatened. What should be the condition for a woman to be divorced: * Her periods must not be on. * After the last sexual intercourse, she must have had her period at least once.

* If the woman has been pregnant and has delivered a child, her rest period after delivery (ceremonial purification from childbirth) must have come to an end. Of course, if a woman is pregnant or does not menstruate, the above conditions do not apply to her. In cases other than these two, the question of divorce should be postponed till these conditions materialize.

Conditions of the effectiveness of divorce Divorce is valid and operative only if the following conditions are fulfilled: * The husband who divorces must be of mature age and must be possessed of understanding. A divorce pronounced by a minor, a lunatic or an idiot is invalid. * The husband must be exercising his own free will. Divorce under compulsion is not valid. * Presence of two witnesses at least.

According to the Shiah school of thought and as expressly mentioned in the Quran (3), divorce must be pronounced in the presence of at least two trustworthy and righteous witnesses. This condition automatically implies that two righteous persons should become aware of the decision of the spouses to dissolve a marriage. In many cases, their intervention and help may save the situation, and they may find a suitable way of reconciling the husband and wife.

Further, their knowledge and presence may be helpful in settling financial and other questions and finding the most appropriate arrangement for looking after the children. Kinds of divorce After the enforcement of divorce, it is possible to resume conjugal relations in some cases without contracting marriage anew. In some other cases, a fresh marriage is required before the resumption of these relations. Hence divorce is of two kinds; revocable and irrevocable.

In the case of revocable divorce, if the man regrets and wants to resume conjugal relations, the tie is automatically restored and there is no need of contracting marriage again, provided he revokes his act within the period of probation (iddah) which is normally three months.