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How can I obtain an Islamic divorce?

Islamic divorce is permitted in England and Wales, both by the Islamic Sharia Council, which oversees sharia or Islamic law courts in the UK; and through the civil court in accordance with the Matrimonial Causes Act 1973. For many British Muslims, a divorce must be enacted through both these courts in order to be finalised to their satisfaction, even though a divorce through the secular, civil court alone, is considered a full legal divorce in the UK.

An Islamic divorce has two types, one obtained from the husband’s side (Talaq) and one obtained from the wife’s side (Khul). For example:

• A man can obtain an Islamic divorce by simply declaring his intention three times, usually at three-monthly intervals, although this time-limitation depends on the sect of Islam to which he adheres. However, according to Islamic law, he should attempt reconciliation with the wife before matters come to this pass (Iddat). The husband should have proper reasons for the divorce, such as the wife’s adultery, dislike between the spouses or apostasy by the wife; but he does not necessarily have to state his reasons. Generally, he should let the ex-wife keep the money or property (maher) he settled on her, by Islamic law, upon the marriage

• A woman can obtain an Islamic divorce with the consent of her husband; otherwise she may apply for an annulment from the sharia court, citing particular reasons; such as violence, adultery or his inability to support her.  If a husband is in dispute with the wife about an Islamic divorce, her testimony must be corroborated by two other witnesses; preferably two males. If the sharia court approves her request, she will be granted dissolution of the marriage and, in some circumstances, may pay the ex-husband an amount equivalent to the maher. An application to the sharia court by the wife will cost approximately £250

If the sharia court approves an Islamic divorce, this has no legal bearing on a UK divorce for the couple. On the other hand, if a Muslim couple married according to Islamic law only, and did not have a civil registration of that marriage, then a civil divorce will not be required.

If you are a Muslim considering divorce through the UK courts, consulting a family law solicitor who has additional expertise in Islamic law may be the best course of action.