Divorce can be a stressful and emotional process. Our Islamic Divorce Solicitors are experts in providing sensitive and informed advice for those going through this process and understand your rights under both Sharia and UK law.
Islamic Divorce can be complex, depending on who initiates the proceedings and the country in which you were married. Our solicitors recognise that Islamic laws must be considered along with any legal requirements in England and Wales.
Depending on your circumstances and Nikah agreement, the process of separation can differ. For those that only have a Nikah agreement and not a UK recognised marriage, you may only need to go through an Islamic divorce and not a civil divorce. Under these circumstances, you are only recognised as a co-habiting couple under UK law.
Islamic Divorce can be a complicated process. Our specialist solicitors understand how to honour your rights under Sharia and UK law and ensure that all legal and cultural processes are being followed correctly. Contact us today on 0333 240 7373 or email info@reeds.co.uk to hear from our expert team.
How Can Reeds’ Islamic Divorce Solicitors Help?
Our expert team of Islamic divorce solicitors can help and advise you throughout the process. This includes:
- Providing advice regarding marriage contracts (Nikah) and prenups
- Assisting with the dowry (Mahr) upon separation
- Cohabitation Agreements
- Financial settlements
- Arrangements for children
- Matrimonial assets
- Sharia council
Within our team, we have multi-lingual solicitors who speak languages such as Urdu.
We provide realistic, sensitive advice and representation to help you through this difficult time. Contact our Islamic Divorce solicitors on 0333 240 7373 or email info@reeds.co.uk.
Islamic Divorce Processes
Talaq
When the husband initiates the divorce, it is known as Talaq. Only the husband has the right of Talaq unless the power of Talaq is given to the wife in the contract. This is known as Tafweedh-e-Talaq.
The process of Talaq is:
- The wife must be notified that the marriage is ended.
- Following this, there is a three-month waiting period (known as Iddah) before the divorce can be finalised. If the parties choose to reconcile during this period, then the marriage will resume. However, if after Iddah the couple decides to resume their marriage, a new Nikah will be required for the marriage to be valid under Sharia law.
- The Shariah council will check to ensure that your dower obligations have been met.
Khula
When the wife initiates divorce proceedings, it is known as Khula. However, the husband’s agreement to the divorce may still be needed for it to be valid. The Iddah period also applies in this circumstance.
Faskh
If the husband does not agree to Khula and won’t pronounce Talaq, then the wife may be able to dissolve the marriage through obtaining a Faskh.
It is possible for Islamic institutions to dissolve a marriage if there are valid reasons, for example the husband may not have met the fundamental rights of the wife such as food, safety, and shelter.
As with Talaq and Khula, the three month period still applies.
If you wish to obtain a Faskh, there are certain steps that happen before the divorce is finalised:
- An application to the Sharia Council must be made
- The case is created by a qualified scholar and a copy is sent to the husband
- The council investigate the case
- You may have to participate in mediation with your spouse to try to reconcile
- If this does not work, the divorce will be finalised.
Islamic Divorce can be a complicated process. Our specialist solicitors understand how to honour your rights under Sharia and UK law and ensure that all legal and cultural processes are being followed correctly. Contact us today on 0333 240 7373 or email info@reeds.co.uk to hear from our expert team.
Frequently Asked Questions
What Happens If I Don’t Have a Copy of My Nikah Certificate?
If you do not have a copy of your certificate, you can still get divorced. It’s best to try to find a copy if you can, however, the organisation who oversaw your ceremony may likely have their own copy.
If you cannot find a copy of your certificate you will need to provide other evidence to prove the validity of the marriage. Our expert solicitors are on hand to help you with this.
Are Islamic Marriages Recognised Under UK Law?
In short, it depends. Depending on your circumstances, the legal validity of your marriage can differ.
Nikah and Civil Marriage in UK: If you had both ceremonies in the UK then you will need both an Islamic and civil divorce.
Nikah and No Civil Marriage in UK: If you only have a religious marriage, then you are not considered legally married under UK law and will not need a civil divorce.
Nikah in a Country Where Islamic Marriages Are Recognised by Law: If you got married in a country where a Nikah is a legal marriage before moving to the UK, your marriage applies in UK law and you will need a civil divorce. As long as proper procedures were followed in the country your Islamic marriage took place.
What Happens if My Spouse Won’t Co-Operate?
Sometimes your spouse may not consent to the divorce or try to complicate the proceedings. Our solicitors will help you to progress your divorce and get the necessary proof so the divorce panel can authorise proceedings.
Contact us today on 0333 240 7373 or email info@reeds.co.uk to hear from our expert team.