In England and Wales, it is only possible to obtain civil divorce bringing the marriage to a legal end. The religious aspect of the dissolution of the marriage must be followed separately.
Under Shariah Law, in order to bring the marriage to an end, you must follow the process for Talaq or Khulla. These two terms are often confused with the other and while they both achieve an end the marriage, they differ in terms of process, rights and implications. Understanding the differences is important for anyone navigating matrimonial issues under Shariah law.
What is Talaq?
The term Talaq refers to the right of a husband to unilaterally divorce his wife. The husband has the right to initiate the Islamic divorce by pronouncing the Talaq in clear terms. Depending on the school of thought that is followed, the Talaq may need to be pronounced up to three separate times followed by a waiting period known as an iddah. If the Mahr is not already been paid to the wife, the husband must make this payment during the iddah period.
What is Khulla?
In contrast, the term Khulla refers to the right of a wife to initiate divorce proceedings to seek release the marriage. The process for Khulla differs from Talaq and the wife will present her petition for divorce to a court (where the Islamic marriage is legally recognised) or through a religious authority. Where a Khulla is pursued, the wife will often return her Mahr to the husband or compensate the husband accordingly. Khulla usually requires the husband or the appropriate authorities’ consent.
It is important to understand that Shariah Law is not incorporated into the laws of England and Wales therefore you should obtain legal advice to understand any other rights that may arise as a result of the marriage (if legally recognised in England and Wales).
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Associate Solicitor in our Family Law Department by by calling 0333 240 7373, or email us at [email protected].