We all know that divorce can be a very difficult and emotional process, especially when one is going through the fragility of the Islamic divorce procedure, and that too in the UK. Such cases are legally carried by Islamic divorce solicitors in the UK so the minorities can have the peace of mind they deserve.

Family law solicitors work closely when dealing with all sorts of marriages in the UK; however, many Muslim couples in the UK are married solely under Islamic law, which highlights the fact that their marriages are not legally recognised by UK law.

Couples who opt for an Islamic ceremony in the UK and do not undergo any civil ceremony to register the marriage under UK law are solely treated as cohabitants if their relationship comes to an end or if one of them passes away.

Moreover, for now, cohabitants have no direct entitlement to make claims during an ongoing relationship breakdown, including financial, capital, spousal maintenance, or even pension claims in the UK.

What is Islamic Divorce? And how does it work in the UK?

The procedure of Shariah law divorce highly depends on whether the wife or the husband wished to file divorce, and on whether the terms of the Nikah (Marital Contract) have been constantly upheld throughout the marriage.

Before divorce is initiated, Islamic law encourages couples to appoint arbitrators to assist with suitable reconciliation, like what we call marriage counselling. However, if the couple is legally married under English law, they must go through a civil divorce before seeking a shariah law divorce.

What is a Civil Divorce?

If a couple in the UK is married under Sharia law as well as English law, then a civil divorce must be carried out alongside the religious divorce.

In a few cases, a husband may want a civil divorce but denies getting a religious divorce. Whereas, within the Matrimonial Causes Act 1973, an application can be requested to an English court that a Conditional Order is not made final until the sharia law divorce or religious divorce has been pronounced.

If the husband has not paid the full Mahr, and the couple is also legally married in the UK, the wife can seek to recover it by putting forward a financial application to the Family Court, being part of the overall financial settlement.

Then talking about the cases where the couple is married only under Islamic law, the wife may be able to proceed with the claim for breach of contract, especially when there is a written marriage contract with a stipulated sum.

It is crucial to seek support from the Islamic Council or Islamic divorce solicitors when opting for an Islamic divorce because they are set up to solve the matrimonial problems of Muslims living in the UK. Islamic council can dissolve an Islamic marriage but not a civil one, which must be directed to the English Courts.

How to get an Islamic Divorce in the UK?

Talaq

When a man opts for a shariah Islamic divorce, it is known as ‘Talaq’. The word Talaq is an Arabic word meaning ‘divorce’ or ‘rejection of a proposal’.

There are two kinds of Talaq: Talaq Al-Sunnah and Talaq Al-Bid’ah.

Talaq Al-Sunnah is a divorce that follows the teachings of the Prophet (PBUH), whereas Talaq Al-Bid’ah means an interpretation of Talaq Al-Sunnah, here ‘Bid’ah’ means a kind of innovative adaptation of the initial law.

If we talk about the only difference, then it’s that the husband does not require to go through a waiting period with Talaq Al-Bid’ah, he can divorce with one statement only.

The steps included in Talaq are:

1.      Application

The first task will be to submit your application form to the Sharia Council

2.      Notification

Your wife will then be notified by the Council.

3.      Dower

The council will make sure that all your dower obligations have been met.

4.      Divorce -The Final Step

You and your wife will then receive the Islamic divorce certificates.

Khula

When talking about the women in marriage, they can attain divorce by two means, either by obtaining a Khula or a Faskh-e-Nikah. But if you have a civil marriage, it can simply be ended by filing for a divorce straight up.

The best part in the UK is that laws of civil marriage and divorce apply to all residents, irrespective of race, colour, sex or even religious persuasion. For this purpose, it is important for Muslim women to understand how they can follow both the Islamic law and the UK law at the same time. Moreover, the UK law may allow women more freedom during the divorce process.

Firstly, we have Khula, which is a type of shariah law divorce in which both give their mutual consent. In Khula, you agree to some certain terms, like the return of the Mahr (Dowry), and then if both agree, the marriage ends.

Faskh

Faskh-e-Nikah, on the other hand, allows you to apply to the shariah council to have your divorce without the husband’s consent, which only happens if you believe your husband is being unreasonable and refusing to give you the Talaq.

The steps for Faskh involve:

1.      Preparation

Islamic divorce lawyers prepare your Sharia Council application.

2.      Case creation

Your case will be created by a Mufti, and then Islamic divorce solicitors send a copy to your husband.

3.      Investigation

The mufti will then investigate you.

4.      Meeting for potential reconciliation

The couple will be offered reconciliation meetings to look for a possible solution.

5.      Divorce

The marriage will be dissolved by the Mufti and the Islamic law solicitors will issue divorce certificates.

Need Help with Your Islamic Divorce?

Here at Farani Taylor Solicitors UK, we have family solicitors who specialise in Sharia law divorce. Our Family lawyers London can offer legal advice according to your specific situation. We understand that divorce can be difficult, especially when you are resolving your marriage under civil and religious law. Still, our guidance and support are always available, so connect with us today and speak to your Islamic Divorce Solicitors.