Divorce in Islam – Sharia compliant solicitors helping you through Islamic divorce
Our specialist sharia compliant solicitors have undertaken a large number of muslim divorces, working with many of the most highly respected sharia councils in the UK.
With our knowledge on divorce in Islam, we can advice you on all types of divorce, such as Talaq and Khula, as well as:
- Financial settlements, including recovering the Mahr and wedding jewellery
- Forced marriages and nullity of marriage
- Child arrangements including parental responsibility, contact and residence issues
- Islamic mediation
- Sharia compliant prenuptial agreements
We are proud to provide the highest level of service, ensuring that everything is done in accordance with your faith and English law.
About Nikah and Islamic divorce in the UK
About Nikah in the UK
Every year Muslim couples get married in England and Wales, many of them only undergoing the religious ceremony of Nikah. The Nikah is a marriage contract under sharia (Islamic) law which at present has no legal standing under UK law.
In order to ensure that the marriage is legally recognised, you may want to carry out an additional marriage at a registry office. This provides the legal status of a civil marriage in the eyes of UK law.
The Nikah ceremony can be conducted at home, in a mosque or even at a formal wedding venue. Even though the ceremony may be carried out by a senior member of the Muslim community, Nikah marriages have no legal status under UK law. Sadly, this isn’t always understood and many couples believe their marriage will be recognised under UK law as well as Islamic law.
Couples who decide to only hold a religious ceremony are recognised as a co-habiting couple under UK law. This means, if you do divorce, you will only need to go through an Islamic divorce and not a civil divorce.
Legality of the Nikah if it was conducted abroad
If a Nikah marriage has taken place in a country with Muslim family law legislation (such as Saudi Arabia, Pakistan, or Iraq), a different legal status applies. Marriages in countries with Muslim family law legislation are legally recognised in the UK, so long as the ceremony was conducted in accordance with those laws.
If you were married in a country that has Muslim family law legislation and you wish to divorce in the UK, you need both an Islamic and a civil divorce. This is a complicated area, requiring what is known as a Talaq or Khula. We can help you obtain your Talaq or Khula, as well as advising you on what rights you may have to financial assets, Mahr or wedding gifts.
Talaq, Khula and Faskh
When a man initiates an Islamic divorce he would do so using Talaq. The word ‘Talaq’ is based on the Arabic word ‘ṭalaḳ’, meaning divorce. Talaq is often translated as ‘repudiation’, which means a rejection of a proposal or idea.
There are two main classifications of Talaq – ‘Talaq Al-Sunnah’ and ‘Talaq Al-Bid’ah’.
Talaq Al-Sunnah is a divorce that strictly follows Muhammad’s teachings. Talaq Al-Bid’ah, is an interpretation of Talaq Al-Sunnah. The Arabic word ‘Bid’Ah’ means ‘innovation’ and Talaq Al-Bid’ah is a kind of innovative adaptation of the initial law.
The main practical difference is that the husband does not have to go through a waiting period with Talaq Al-Bid’ah. He can divorce his wife with one statement.
Our Muslim solicitors can guide you throughout, making the Talaq process as simple as possible for you. The steps to Talaq include:
The first task is to submit your application form to the Sharia Council.
The council will then notify your wife.
The council will then check if all your dower obligations have been met.
You will then be issued with your Islamic divorce certificates.
There are two ways that Islamic marriages can be ended by a woman– by obtaining a Khula or a Faskh-e-Nikah. If you have a civil marriage, it can be ended by filing for divorce.
In the UK, laws of civil marriage and divorce are applicable to all residents, irrespective of sex, colour, race or religious persuasion. For this reason, it is essential for Muslim women to understand how they can follow both Islamic law and UK law at the same time.
Khula is a type of Islamic divorce in which you and your husband give your mutual consent. In this situation, you agree to certain terms, such as the return of the Mahr (dowry). If you both agree, the marriage is dissolved.
A Faskh-e-Nikah allows you to apply to the sharia council to have your marriage dissolved without your husband’s consent. This can happen if you believe your husband is unreasonably refusing to give you the Talaq.
The Khula/Faskh divorce process is complicated and usually takes up to four to six months.
Our expert solicitors have had 100 per cent success in securing Khula and Faskh divorce applications within three months.
A Khula/Faskh divorce generally follows a consistent process, which we will guide you through from beginning to end.
First, we will need to prepare your Sharia Council application.
2. Case creation
Your case will be created by a qualified Mufti and a copy sent to your husband.
You will then be investigated by the Mufti.
You and your partner will be offered mediation and reconciliation meetings to negotiate a solution.
5. Finalising divorce
Your marriage will be dissolved by the Mufti and you will be issued with a divorce certificate.
Why choose our Islamic legal services for your Islamic divorce
Most firms who offer these services do not have an Islamic family solicitor in-house to help with Islamic divorce. At AWH Solicitors our Islamic family law solicitors are available full time to give you the best service possible, when you need it most.
We understand the complexities in regard to divorce in Islam, and are here for you.
We are closely connected to Islamic scholars
To make sure that we can provide you with complete peace of mind, we are closely connected to Islamic scholars. We only work with scholars recognised as community and religious authorities in both the UK and abroad.
We speak multiple languages
Our Islamic divorce solicitors are multilingual. Whether you want to speak English, Urdu, Mirpuri, Punjabi, Bangla or Arabic, we can help provide you with a greater degree of personal legal advice.
We can help you get mediation
In addition to our divorce services, we understand that the Koran states that, “And Making Peace Is Better” Koran (4:128).
Therefore, we offer mediation for anyone who wishes to try and resolve their family conflicts, before committing to divorce. Mediation is a quick, cost-effective way of resolving things consistently in line with Islamic law and beliefs.
We are part of your community
We work closely with our panel of mediators and Islamic scholars, who provide independent, unbiased and non-judgemental opinion. Everything we do is compliant with Islamic religious beliefs and sensitive to cultural factors.
We have been providing well-informed, professional guidance to people going through Islamic divorce for many years.
Islamic divorce solicitors
Our Islamic divorce solicitors are here to guide you through the divorce process from start to finish. We can guide you through the processes at the Sharia courts as well as process your divorce under UK law. Furthermore, our family law solicitors can help you with any financial settlement agreements and child agreements.
Get in touch with our Islamic divorce solicitors to get started.
- How can I get an Islamic divorce in the UK?
There are different manners in which you can get an Islamic divorce in the UK, depending on your situation and on your gender. As a woman you may need either either a Khula or Faskh, and as a man you will need a Talaq.
If you are also married under UK law, or if you had your Nikah in a country where your marriage was recognised by law then in addition to your Muslim divorce you will also need a civil divorce.
- Is my Islamic marriage recognised under UK law?
If you had your Nikah in the UK and you didn't also get a civil marriage your marriage is not recognised by UK law, and therefore you will not need a civil divorce.
If, however, you had your Nikah in a country where this is recognised by law before moving to the UK, your marriage is recognised by law and you will need a civil divorce.
If you are looking to understand more about your options in regard to divorce, may that be civil or Islamic, our divorce solicitors are here for you.
- What are the benefits of using an Islamic divorce solicitor?
Islamic divorce solicitors can help you with the process of Khula, Faskh or Talaq, whichever you require, as well as help you go through your civil divorce process may you need this.
Islamic divorce solicitors can also help you with all other matters concerning your divorce. Taking care of child arrangements, setting out financial arrangements and splitting other assets are all matters that need to be handled, sooner rather than later.
Our family law solicitors will be by your side throughout the process, helping you move forward.
Starting the process couldn’t be more simple!
- Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
- Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
- Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
- We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
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