Islamic Divorce Solicitors

If you’re considering an Islamic divorce, it’s important to understand that the religious process under Sharia law and the civil process under English law are separate. Depending on your circumstances, you may need to deal with both. The process can also differ depending on who is seeking the divorce and whether your Nikah is legally recognised in England and Wales.

If your Nikah is not legally recognised, you may only need to complete the Islamic divorce itself. However, under English law you will usually be treated as an unmarried couple rather than a married one, which can have significant implications for property, finances and any financial claims following separation.

Led by Sobiah Hussain, Head of Private Family Law, our team advises clients across England and Wales on all aspects of Islamic divorce alongside the relevant English legal process. Whether you require advice on Talaq, Khula or Faskh-e-Nikah, financial matters, arrangements for children or protecting your position under English law, we can provide clear, practical advice throughout. We have solicitors who speak Urdu and regularly work alongside Sharia Councils and religious scholars where appropriate.

Our Islamic Divorce Services

We can advise on the full range of issues:

• Marriage contracts (Nikah) and Sharia-compliant pre-nuptial agreements
• Mahr (dowry) arrangements upon separation
• Financial settlements and matrimonial assets
• Arrangements for children
• Cohabitation agreements where a Nikah is not recognised under English law
• Sharia Councils and religious scholars

Talaq, Khula and Faskh-e-Nikah

The process for obtaining an Islamic divorce depends on who wishes to end the marriage and whether both parties agree.

Talaq

Talaq is the husband’s right to end the marriage. Unless the Nikah Nama provides otherwise through Tafweedh-e-Talaq, the husband does not require the wife’s agreement before pronouncing Talaq.

Following Talaq there is a waiting period known as Iddah, during which the parties may reconcile if they wish. If they do not, the divorce takes effect at the end of the Iddah period. Should the couple later wish to remarry, a new Nikah will generally be required.

Khula

Khula is the process through which the wife seeks an Islamic divorce. In most cases, the husband’s agreement is required before the divorce can be completed. It is also common for the wife to agree to return the Mahr as part of the settlement, although every case depends on its own circumstances.

As with Talaq, the Iddah period will usually apply before the divorce becomes final.

Faskh-e-Nikah

Where the husband refuses to grant Talaq or agree to Khula, the wife may apply to a Sharia Council for a Faskh-e-Nikah, which is a religious dissolution of the marriage.

Unlike Khula, the husband’s consent is not required. However, the wife will usually need to demonstrate that there are recognised grounds for dissolving the marriage, for example where the husband has failed to fulfil his fundamental obligations towards her or there has been other recognised misconduct.

One important distinction between the two processes concerns the Mahr. In a Khula, it is common for the wife to return the Mahr as part of the settlement. In contrast, where a Faskh-e-Nikah is granted, any outstanding Mahr will usually remain payable to the wife. In our experience, this distinction is one of the most common areas of confusion for clients seeking advice on Islamic divorce.

The process will generally involve:

• An application being made to the relevant Sharia Council.
• The husband being notified and invited to respond.
• The Sharia Council considering the application and any supporting information in accordance with its procedures, including attempts at reconciliation where appropriate.
• A decision being made as to whether a Faskh-e-Nikah should be granted.

Faskh-e-Nikah is often the most complex of the three processes. It can become particularly difficult where the husband refuses to engage with the proceedings or disputes the application. During this time, it is important not to overlook your position under English law, particularly where there are issues relating to finances, property or children.

How We Can Help

Islamic divorce often involves much more than obtaining a religious dissolution of the marriage. Questions frequently arise regarding finances, property, children and whether a civil divorce is also required.

We advise on both the Islamic divorce process and the relevant legal issues arising under English law. Where appropriate, we work alongside Sharia Councils and religious scholars whilst ensuring that your legal position in England and Wales is properly protected.

We have solicitors who speak Urdu and understand that these matters often involve cultural, religious and family considerations alongside the legal issues. Our aim is to provide clear, practical advice throughout the process.