Khula and Faskh-e-Nikah in the UK

Our specialist Islamic family law team have successfully helped many Muslim women through divorce and separation proceedings in compliance with their faith and the law.

We take the time to listen and understand you and your family, so we can support you in the best way possible. Whatever your situation, you will most likely need a Khula or a Faskh-e-Nikah to proceed with your divorce.

How to get a Khula

There are two ways that Islamic marriages can be ended – 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.

Difference between a Khula and Faskh

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.

How long does a Khula or Faskh divorce take?

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.

The Khula/Faskh divorce process

A Khula/Faskh divorce generally follows a consistent process, which we will guide you through from beginning to end.

1. Preparation

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.

3. Investigation

You will then be investigated by the Mufti.

4. Meeting

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.

Civil divorce in addition to your Islamic divorce

If you had a civil marriage in the UK or you had your Nikah in a country where the Nikah is recognised by law you will also need to get a civil divorce. So as well as obtaining your Khula or Faskh-e-Nikah you also need to follow the steps below:

1. Forms and fees

Fill in a divorce petition form, pay the fee and send your forms to your local divorce centre.

2. Agreement or disagreement

If your husband agrees with the divorce petition your divorce will go ahead at this stage. However, if he does not he can decide to start his own divorce proceedings against you later on.

3. Court hearing

If a divorce is not agreed upon and both sides file petitions, you’ll need to go to court where a judge will hear your case.

In order to file for divorce, you need to be able to prove your marriage has broken down. There are several reasons you can use when claiming for divorce:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Separated longer than 2 years and you both agree to a divorce
  • Separated for at least 5 years and only you agree to the divorce

Tailored support from Islamic solicitors

Our team of sympathetic and dedicated solicitors will always work with you to reach a solution that is right for you financially and emotionally. We support our clients throughout the Islamic divorce process, from beginning to end.

We’ll prepare your applications and legal documents and ensure that all documentation is submitted to the sharia council in a timely manner.

Additional mediation and reconciliation services

We can also support you through any mediation and reconciliation meetings, if you feel this could be beneficial to you, as well as leading negotiations for any financial disputes.

We can also provide civil divorce services and assistance with children disputes, should you need them.

FAQ

  • What is the difference between Khula and Faskh?

    You can get a Khula if there is mutual consent between you and your husband to get the divorce. Between the two of you, you would generally agree to certain terms, such as the return of the Mahr (dowry). If you both agree to the terms and the divorce, the marriage is then dissolved.

    A Faskh-e-Nikah allows you to apply to the sharia council to have your marriage dissolved when your husband has not consented to the divorce. You can do this if you believe your husband is without good reason refusing to give you a divorce.

  • How to get a Khula divorce?

    A Khula divorce generally follows a consistent process.

    Firstly, our family law solicitors will prepare your application to the Sharia Council. Your case will be created by a qualified Mufti and a copy of your application will be sent to your husband.

    Your Mufti will then investigate the application carefully before you and your partner are offered mediation and reconciliation meetings to negotiate a solution. If no solutions can be found your marriage will be dissolved by the Mufti and you will be issued with a divorce certificate.

Starting the process couldn’t be more simple!

  • Contact us Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
  • Meet an expert Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
  • Authorise 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 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
We’re with you, every step of the way

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