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 family 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
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.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Meet the teamTalaq 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 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.
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.
Meet Our Family Law Team
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Irrum Shah
Senior Associate Solicitor
Alison Page
Senior Associate Solicitor
Emma Macdonald
Chartered Legal Executive
Frequently Asked Questions
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.
An Islamic marriage is not automatically recognised as a legal marriage in England and Wales. Whether the marriage is legally recognised will depend on where and how the Nikah took place and whether the legal requirements for marriage were met.
If you had both a civil marriage and religious Nikah in England or Wales then your marriage will be legally valid and therefore a civil divorce will be required.
If you had a religious-only Nikah in England or Wales that did not create a legally recognised marriage, you will be treated as an unmarried couple under English law. This can significantly affect your rights relating to property and finances if you separate.
An Islamic marriage that took place overseas is likely to be recognised in England and Wales if it was legally valid in the country where the marriage took place and proper procedures were followed.
If your Islamic marriage is not legally recognised as a marriage in England and Wales, you will generally be treated as an unmarried couple under English law. This means you will not automatically have the same financial claims on separation as a married couple going through a divorce.
However, you may still have legal rights relating to property, children and other financial matters. For example, disputes about ownership of a home may need to be considered under property and trust law rather than the financial remedies available on divorce.
It is therefore important to establish whether your Islamic marriage is legally recognised and what rights may be available in your individual circumstances.
A civil divorce granted by a court in England and Wales legally ends a marriage that is recognised under English law. Whether that civil divorce is also sufficient to end the marriage for religious purposes may depend on the circumstances and the Islamic interpretation being followed.
Some people may therefore need to obtain a separate Islamic divorce through the appropriate religious process.
If you are unsure whether your civil divorce has also ended your Nikah for religious purposes, you should seek guidance from an appropriate Islamic religious authority. Our Islamic divorce solicitors can advise separately on your legal position under the law of England and Wales.
A spouse’s refusal does not necessarily prevent an Islamic divorce from progressing. The options available will depend on your circumstances and the appropriate form of Islamic divorce.
For example, where a husband will not pronounce Talaq or agree to a Khula, a wife may be able to apply to a Sharia Council for a Faskh-e-Nikah. The Sharia Council will consider the circumstances and whether its requirements for dissolving the marriage have been met.
If your marriage is also legally recognised in England and Wales, the civil divorce is a separate legal process and your spouse generally cannot refuse a divorce.
What happens to your Mahr will depend on your circumstances and the type of Islamic divorce being sought.
Mahr may be dealt with differently depending on whether the divorce is through Khula or Faskh-e-Nikah. The terms of the Nikah and the approach of the relevant Sharia Council may also need to be considered.
Mahr should also be considered separately from any financial claims or rights you may have under the law of England and Wales.
There is no fixed timescale for an Islamic divorce. How long it takes will depend on the type of Islamic divorce, whether both parties cooperate and the procedures followed by the relevant Sharia Council.
A Faskh-e-Nikah may take longer where the husband does not respond or disputes the application, as the Sharia Council may need to consider further information before reaching its decision.
If you also require a civil divorce, this follows a separate legal process and timescale.
You do not necessarily need a solicitor simply to obtain a religious Islamic divorce. However, legal advice can be important where your separation also involves a civil divorce, property, finances, children or questions about whether your Islamic marriage is legally recognised in England and Wales.
An Islamic divorce solicitor can advise on your position under English law while working alongside a Sharia Council or religious scholar where appropriate.
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