Divorce, Iddah and Child Custody in Fiqh for SS 3

Class: SS 3
Term: First Term
Week: 8
Age: 14 years
Duration: 45 minutes
Subject: Islamic Religious Studies
Curriculum Theme: Fiqhu
Previous Lesson: Status of Women, Polygamy and Its Rules in Islam
Topic: Fiqhu
Subject Matter: Divorce: Definition, attitude, kinds; Iddah. Types & variations; Custody of children after divorce

Specific Objectives

By the end of the lesson, pupils/students should be able to:

Cognitive Domain

• Define divorce (Talaq) according to Islamic teachings.
• State the Islamic attitude towards divorce.
• Identify and explain the different kinds of divorce in Islam.
• Define Iddah and explain its purpose.
• Describe the types and variations of Iddah.
• List in order of priority the individuals entitled to child custody after a divorce.

Affective Domain

• Appreciate the wisdom behind Islamic laws concerning divorce, Iddah, and child custody.
• Recognise the importance of following Islamic procedures in matters of divorce.

Psychomotor Domain

• Discuss the procedures for initiating and concluding a divorce in Islam.
• Outline the conditions and duration for different types of Iddah.

Reference Materials

The following resources were used in planning this lesson:

• 2025 Revised 9 Years Basic Education Curriculum
• Relevant State Unified Scheme of Work
• Islamic Studies for Senior Secondary Schools Book 3
• The HeadTeacher Scheme of work

Instructional Materials

The teacher will teach this lesson with the aid of:

• Whiteboard and markers
• Charts illustrating the types of divorce and Iddah
• Handouts with scenarios for discussion

Rationale for the Lesson

This lesson is essential for students to understand the Islamic legal framework governing marriage dissolution. It provides crucial knowledge about the rights and responsibilities of spouses during and after divorce, including the welfare of children. Understanding these concepts promotes adherence to Islamic principles and contributes to family stability within the community.

Prerequisite/Previous Knowledge

Students should have prior knowledge of the importance of marriage in Islam and basic Islamic family laws.

Lesson Content/Board Summary

Fiqhu: Divorce, Iddah and Child Custody

Divorce (Talaq)

Divorce, known as Talaq in Islam, refers to the dissolution of a marriage contract. Although permissible, it is considered the most disliked of lawful acts in Islam, to be resorted to only when reconciliation is impossible.

Islamic Attitude Towards Divorce:

1. Islam encourages reconciliation and discourages hasty divorce.
2. It is seen as a last resort to end marital discord when all efforts to save the marriage have failed.
3. The Prophet Muhammad (peace be upon him) said: “The most hateful of lawful things to Allah is divorce.”

Kinds of Divorce:

1. Talaq-e-Sunnah: This is the approved form of divorce, given in accordance with the Sunnah of the Prophet. It is usually revocable and allows for reconciliation during the Iddah period. It involves a single pronouncement of divorce during a period of purity (when the wife is not menstruating) and without sexual intercourse during that purity.
2. Talaq-e-Bida’ah: This is an innovative or disapproved form of divorce, such as pronouncing three divorces at once or during menstruation. While it effects a divorce, it is strongly condemned in Islam.
3. Khul’: This is a divorce initiated by the wife, where she seeks release from the marriage by returning the dowry (Mahr) or offering some other compensation to the husband.
4. Faskh: This is a judicial annulment of marriage by an Islamic court (Qadi) based on valid grounds, such as the husband’s inability to provide for his wife, cruelty, or prolonged absence.

Iddah (Waiting Period)

Iddah is a prescribed waiting period that a woman must observe after the dissolution of her marriage, either due to divorce or the death of her husband. Its purpose is to ascertain paternity, allow for possible reconciliation (in revocable divorces), and give time for mourning in case of death.

Types and Variations of Iddah:

1. For a Divorced Woman (Menstruating): Three complete menstrual cycles. If she is pregnant, her Iddah extends until she gives birth.
2. For a Divorced Woman (Non-Menstruating or Young/Old): Three lunar months. If she is pregnant, her Iddah extends until she gives birth.
3. For a Widow (Husband’s Death): Four months and ten days. If she is pregnant, her Iddah extends until she gives birth, even if it exceeds the four months and ten days.
4. Conditions during Iddah:
   1. The woman is generally required to remain in her marital home (for revocable divorce).
   2. She is not permitted to remarry during the Iddah period.
   3. In case of death, she observes a period of mourning, avoiding adornment.

Custody of Children (Hadhanah) after Divorce

Hadhanah refers to the right to raise and care for children after the parents’ divorce. Islamic law prioritises the child’s welfare above all else. The general principle is that the mother has primary custody during the child’s early years.

Order of Priority for Child Custody:

1. Mother: She generally has the right to custody for boys until they reach the age of discretion (around 7 years) and for girls until they reach puberty (around 9 years or older, depending on the school of thought).
2. Maternal Grandmother: If the mother is unable or unfit.
3. Paternal Grandmother: If the maternal grandmother is unable or unfit.
4. Father: After the mother’s period of primary custody, or if the mother is deemed unfit.
5. Paternal Aunts: In order of closeness.
6. Maternal Aunts: In order of closeness.

The court (Qadi) ultimately decides based on the child’s best interest, considering factors like the custodian’s moral character, financial stability, and ability to provide Islamic upbringing.

Teaching Methods/Instructional Techniques

Discussion, Explanation, Question and Answer, Lecture, Group Work

Instructional Procedures

Step 1: Introduction

Time: 5 minutes

Teaching Skill: Activating Prior Knowledge

Teacher’s Activity: The teacher greets the students and asks them to recall the importance of marriage in Islam. The teacher then introduces the topic of divorce as a necessary but disliked option in certain circumstances.

Pupils’ Activity: Students respond to questions about marriage and listen attentively to the introduction of the new topic.

Learning Point: Marriage importance recall

Step 2: Definition and Islamic Attitude Towards Divorce

Time: 8 minutes

Teaching Skill: Explanation/Definition

Teacher’s Activity: The teacher explains the definition of divorce (Talaq) in Islam and discusses the Islamic attitude towards it, highlighting that it is permissible but disliked, citing relevant Hadith.

Pupils’ Activity: Students listen, ask questions for clarification, and note down the definition and attitude.

Learning Point: Divorce meaning and attitude

Step 3: Kinds of Divorce

Time: 7 minutes

Teaching Skill: Classification/Explanation

Teacher’s Activity: The teacher explains the different kinds of divorce: Talaq-e-Sunnah, Talaq-e-Bida’ah, Khul’, and Faskh, providing brief descriptions for each.

Pupils’ Activity: Students identify and differentiate between the various kinds of divorce.

Learning Point: Kinds of Talaq

Step 4: Definition and Purpose of Iddah

Time: 6 minutes

Teaching Skill: Explanation/Definition

Teacher’s Activity: The teacher defines Iddah and explains its purpose in Islamic law, such as ascertaining paternity and allowing for reconciliation.

Pupils’ Activity: Students define Iddah and understand its significance.

Learning Point: Iddah definition and purpose

Step 5: Types and Variations of Iddah

Time: 7 minutes

Teaching Skill: Elaboration/Categorisation

Teacher’s Activity: The teacher elaborates on the different types of Iddah based on the woman’s condition (menstruating, non-menstruating, pregnant, widow) and explains the conditions to be observed during this period.

Pupils’ Activity: Students identify the types and variations of Iddah and their respective conditions.

Learning Point: Iddah types and conditions

Step 6: Custody of Children after Divorce

Time: 5 minutes

Teaching Skill: Listing/Prioritisation

Teacher’s Activity: The teacher explains the concept of Hadhanah and lists, in order of priority, the individuals entitled to child custody after a divorce, emphasising the child’s best interest.

Pupils’ Activity: Students list the order of priority for child custody.

Learning Point: Child custody priority

Step 7: Evaluation/Review

Time: 5 minutes

Teaching Skill: Questioning/Assessment

Teacher’s Activity: The teacher evaluates the learning by asking the following questions:

1. What is divorce (Talaq) in Islam?
2. Mention two kinds of divorce.
3. Define Iddah.
4. State the Iddah period for a woman whose husband died.
5. Who has the primary right to child custody after a divorce?

Pupils’ Activity: Pupils answer orally and in writing.

Learning Point: Understanding of Fiqhu concepts

Step 8: Note-Taking

Time: 4 minutes

Teaching Skill: Guided Writing

Teacher’s Activity: The teacher guides pupils/students to copy the essential Board Summary notes on divorce, Iddah, and child custody into their notebooks.

Pupils’ Activity: Pupils/students copy the notes carefully into their notebooks.

Learning Point: Recording lesson notes

Step 9: Conclusion

Time: 1 minute

Teaching Skill: Consolidation

Teacher’s Activity: The teacher summarises the main points of the lesson, reiterating the importance of adhering to Islamic principles in family matters, even during divorce.

Pupils’ Activity: Students listen and reflect on the lesson’s main points.

Learning Point: Lesson summary

Continuous Assessment/Further Study

Type: Homework

Instruction: Answer the following questions in your notebook:

1. Discuss the Islamic perspective on divorce, explaining why it is permissible yet disliked.
2. Differentiate between Talaq-e-Sunnah and Khul’ with examples.
3. Explain the significance of the Iddah period for a divorced woman and a widow.
4. Research and write a short paragraph on the conditions under which a father might gain primary custody of his children in Islam.

Lesson Keywords

• Talaq – Islamic term for divorce.
• Iddah – Prescribed waiting period for a woman after divorce or death of husband.
• Khul’ – Divorce initiated by the wife with compensation.
• Faskh – Judicial annulment of marriage by an Islamic court.
• Hadhanah – Right to child custody in Islam.

Differentiation

Support for Weaker Learners: Provide simplified handouts summarizing the key definitions and types of divorce and Iddah. Encourage peer tutoring and provide extra examples for clarity.

Extension for Faster Learners: Encourage them to research specific case studies of divorce and custody rulings in Islamic history or contemporary Islamic societies. They can also explore the role of mediation in preventing divorce in Islam.

Suggested Lesson Videos

For further understanding, students can search on YouTube for: “Divorce in Islam,” “Iddah in Islam,” “Child Custody in Islam.”

Teacher Guide for Using This Lesson Plan

Before the lesson, ensure you have a clear understanding of the different types of divorce, Iddah periods, and child custody rules according to Islamic jurisprudence. Use the whiteboard to clearly list and differentiate between the concepts. Encourage an open discussion on the sensitive nature of divorce while maintaining respect for Islamic teachings. Guide students through the note-taking process after the main teaching points have been covered and understanding has been checked through questions. Provide constructive feedback during the evaluation phase and ensure all students grasp the core concepts before moving on to the next topic.