Islamic Divorce Solicitors

Islamic Divorce Solicitors

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.

Why Choose Reeds’ Islamic Divorce Solicitors?

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:

  1. The wife must be notified that the marriage is ended.
  2. 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.
  3. 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:

  1. An application to the Sharia Council must be made
  2. The case is created by a qualified scholar and a copy is sent to the husband
  3. The council investigate the case
  4. You may have to participate in mediation with your spouse to try to reconcile
  5. 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.

Sobiah Hussain
Sobiah Hussain

Head of Private Family Law & Senior Associate

Meet the team

How We Can Help

Our Family Law and Care Proceedings team include accredited members of the Law Society’s Children’s Panel and members of Resolution. All have extensive experience and expertise in family matters, with some having contributed to published books and articles. Our Care Proceedings Solicitors are instructed by members of the public, professional agencies such as CAFCASS, and Local Authorities.

We will be firm when it comes to protecting your rights, the best interests of your children, and achieving the best outcome. We believe family law is ultimately about people and we understand how difficult and emotional matters such as divorce, making arrangements for children on separation and care proceedings  can be. We will be there to support you and guide you through your legal journey and provide you with legal advice and representation you can trust.

Some family law matters, such as obtaining injunctions,, require speed and tenacity to ensure you are protected. Our Divorce Solicitors are familiar with common tactics used to stall financial settlement proceedings, especially in international and high-net-worth divorces. They will proactively enact strategies to ensure your case keeps moving forward.

Our Family Law Solicitors can help you with a full range of family matters, including but not limited to divorce, high net worth divorce, children’s law, care proceedings and PLO meetings, child abduction, Non-Molestation Orders and Occupation Orders, and TOLATA cases.

Family law matters, especially those involving children, can be extremely sensitive. Rest assured, all discussions and information shared with our team are strictly confidential. Your privacy and reputation are paramount to us.

 

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FAQ

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.

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.

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.