Learn About Khula – Divorce in Islam
Within Islamic marriage, women have 2 different options for ending their marriage to her partner. This can be done by either obtaining a Faskh-e-Nikah or a Khula.
If she is also married by UK law, she will have to end her civil marriage by filing for divorce in court. This finalises her divorce with a decree absolute.
The law of divorce and civil marriage is applicable to all residents in the UK. It doesn’t matter what gender, race or religion you identify as.
It is imperative for Muslim women to live both in accordance to Islamic and UK law.
Divorce in Islam, and especially the process for Khula/Faskh is very complex, and can easily take six months or more. Due to this complexity it is recommended to have expert representation by your side to guide you trough the process with ease. With the help of Islamic family solicitors this process will generally last about half as long.
Generally, the following steps have to be taken for the Khula and Faskh divorce process.
Prepare for your Islamic divorce
This is the preparation of the application to the Sharia Council
Have your case created
Your case will be created by a qualified Mufti. A copy of your application will then be sent to your husband
Investigation by the Mufti
Meet and negotiate or mediate
At this time both parties will get together and discuss options for mediation or even reconciliation. If this proves unsuccessful negotiations will be had
Finalise the Islamic divorce
The marriage is dissolved by the Mufti. Your divorce certificates will then be issued
Your marriage may also be legally recognised under UK law, and if this is the case you will have to also apply for your divorce in an UK civil court, only divorcing under Islamic law will not suffice. You will have to not only follow the above process for the Sharia Court procedures, you will also go through multiple steps as given below to obtain your civil divorce.
Under UK law, if you wish to divorce your husband you will need to be able to provide proof that your marriage has broken down. Therefore, to finalise the divorce one of the below situations needs to be applicable.
- Adultery within the marriage
- Unreasonable behaviour of your spouse
- Desertion by your spouse
- You have been separated now for over two years AND you both agree to a divorce
- You have been separated now for over five years but only you agree to the divorce
The civil marriage procedure
You will start by filling in the divorce petition form and sending these on to your local divorce centre. For civil marriage procedures there are fees involved which you will need to pay at this stage.
Amicable or in disagreement
Does your husband agree with the divorce or does he not? This is where the process can become lenghty and complicated. If your husband agrees with the divorce then the divorce will go ahead without further issue. However, if he doesn’t agree he may file his own divorce proceedings and the matter will be taken to court.
The court hearing
If you and your husband were unable to agree in the previous stage, and both parties filed divorce petitions, your case will be heard by the courts.
Divorce in Islam is a complex procedure for women across the UK, especially as the Muslim woman has to go through both Islamic divorce and civil marriage divorce. Depending on the complexity of your personal situation you may want to consider extra help. There are many types of support you can choose from.
Islamic divorce solicitors for Khula
Have you considered requesting help from Islamic divorce solicitors? There are a fair few out there, and if you prefer to work with a female Islamic solicitor this won’t be an issue.
Finding someone that can relate to your situation is crucial, as you will have to feel comfortable talking with them about your personal issues.
Furthermore you will want to ensure that the solicitor you choose knows what she is doing and has a high success rate to help you secure the best possible outcome.
Solicitors fees for Khula
It may surprise you, but it’s not very expensive to allow a solicitor to guide you through the Khula process. In order to obtain your divorce through the Sharia Council you need to pay a fee of up to £250. Prices can differ slightly depending on the council. This fee has to be paid in all circumstances.
Manchester firm AWH Solicitors charges £540 for an uncontested Islamic divorce (Khula) and only £720 for a contested divorce. There are no hidden fees or nasty surprises and their success rates are high.