Guide to Islamic Divorce in the UK

Are Islamic Marriages recognised in England and Wales?

In order for a marriage to be considered legally binding in the UK, it must take place in a registered building. If a Nikah marriage ceremony takes place in an unregistered building or place of worship, in order for the marriage to be legally recognised, there must be an additional civil ceremony. Many Muslim couples do not complete this final part of the process and, therefore, are not married in accordance with UK law and are unable to benefit from the legal and financial protection that marriage offers.

Islamic divorce in England and Wales

There are two parts to the divorce process if you have a legally recognised Islamic marriage in the UK:

1. Religious divorce

2. Divorce granted by the courts of England and Wales

If your Islamic marriage is not legally recognised in the UK, the only divorce available to you and your spouse will be a religious divorce.

How to Divorce in Islam

The Islamic divorce process in England and Wales differs depending on whether the husband or wife is making the application. A Nikah divorce application can be made by a husband by using the ‘Talaq’ process, while a wife has to follow the ‘Khul’a’ or ‘Faskh’ process (see below for more details).

Talaq Islamic Divorce Process

Talaq is a non-court-based divorce process initiated by a husband in an Islamic marriage. This does not require the consent of the wife and can, therefore, be sought by a husband unilaterally. This unilateral divorce option is not available to wives in Islamic marriages. 

The guidance published by the Muslim Law Sharia Council makes it clear that all efforts must be made to reconcile any marriage issues. Only after all efforts of reconciliation have been exhausted and the matters remain unresolved can Talaq be issued to bring the marriage to an end. 

To apply for Talaq, the husband is required to:

1. Complete the application form for Islamic divorce (Talaq)

2. Pay a fee of £425

3. Provide any documents required, including proof of identity, e.g. passport or drivers licence and proof of address, e.g. a utility bill or bank statement

4. The Muslim Law Sharia Council will assess whether family mediation and reconciliation should be explored before ending the marriage.

5. Joint meetings may be arranged involving both the husband and the wife, and

6. If divorce is the only viable option, the Talaq will be finalised and issued.

7. If the Talaq is issued, both parties will then need to apply for a civil divorce if appropriate.

Khul’a Islamic Divorce Process

Islamic divorce initiated by a wife is referred to as ‘Khul’a’. A wife in an Islamic marriage may only apply for Khul’a if there are valid reasons to do so, such as immoral behaviour, mistreatment by their husband, or lack of financial provision by the husband. 

The guidance published by the Muslim Law Sharia Council states that a wife should never apply for Khula for ‘baseless reasons’. They are also heavily encouraged to make all possible efforts to maintain a harmonious and peaceful relationship with their husband. The Council also states that only if the marriage cannot be reconciled and the husband does not apply for Talaq can a wife make an application for Khul’a. 

To apply for Khul’a, the wife is required to:

1. Complete the application form for Islamic divorce as a woman (Khul’a) – this must be witnessed by two eligible people (one person must have a professional background)

2. Pay a fee of £425

3. Provide any documents required, including proof of identity, including:

   1. Copy of the Nikah certificate - the guidance states that if you do not have your Nikah certificate, you can ask for a Statutory Declaration Form, which can be accepted as a replacement.

   2. Your passport or drivers licence

   3. Proof of address, e.g. a utility bill or bank statement, and

   4. A signed and dated personal statement outlining the reasons you are seeking an Islamic Divorce

4. Once submitted to the Muslim Law Sharia Council, the applicant will receive an acknowledgement and case reference number 

5. The husband will then be issued with a notice and asked to either approve the divorce or to share with the Council reasons for not doing so within 30 days

6. Joint meetings may be arranged involving both the husband and the wife if the husband chooses to defend his case, asks for reconciliation, or wishes to discuss the application in more detail

7. If there is an agreement to dissolve the Nikah, an Islamic Divorce will be issued, and

8. Both parties will then need to apply for a civil divorce if appropriate.

Khul’a can be a lengthy process, especially if the respondent chooses to challenge the divorce. Most cases are resolved within a period of 6 to 9 months. Learn more about How to Divorce in Muslim Law and Khul’a Divorce. 

Faskh Islamic Divorce Process

Faskh is similar to Khul’a, but it allows the Sharia Council to dissolve an Islamic marriage without the consent of the husband. A qualified Mufti will investigate the case, and if the husband refuses family mediation or reconciliation meetings, they have the power to dissolve the marriage.

Guillaumes LLP Solicitors is a full-service law firm based in Weybridge, Surrey. We have a highly experienced family and divorce law team who can assist you with any aspect of your Islamic divorce. To make an appointment, please contact us online or call us on 01932 840 111.