Islamic Divorce / Khula

وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِ

“…and if they choose to separate Allah will enrich all from His ever-reaching Abundance.”
[Nisa 130]

Whilst Islam pays great homage to family life and the institution of marriage, it does however simultaneously acknowledges that an individual’s physical, psychological and spiritual well-being are paramount.

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Divorce / Khula

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What is the meaning of…

Talaq الطلاق‎

an Islamic divorce, which may be of various types

Khula الخلع‎

a divorce petitioned for by the wife which is followed by reciprocal negotiation between the couple and often involves reimbursing the mahr. Khula can only ultimately materialise with mutual consent.

Faskh الفسخ

a dissolution of the marriage provided the conditions are met is undertaken and pronounced by a third party (Islamic judge/jurist or Council) often when the Khula stage has failed.

Mahr المهر‎

the dowry given by the husband to the wife at the time of marriage, this may include wealth, jewellery & real estate. Returning the Mahr for a Khula is not always necessary.

Iddah العدة‎

a post-marital interim period generally not exceeding 3 months (for bereavement of spouse: 4 months 10 days) during which the woman has certain religious obligations and does not undertake a new marriage. This occurs after a Talaq, Khula or Faskh.

The Islamic Council UK (ICUK) has been established to help Muslims who find themselves at discomforting and uneasy cross-roads of their relationship. The Islamic Council will offer its full support and guidance in helping the applicants arrive at their desired objective, whether that be reconciliation through meaningful mediation and helpful interventions or whether it be the choice to pursue an Islamic divorce.
The Islamic Council recognises the high levels of stress and anxiety faced by applicants, we also appreciate that time is incredibly invaluable and a remarkable gift from Allah, therefore we aim to deliver a comforting, efficient and expedited service.

Islamic Divorce..What’s involved?

The Khula / Faskh is an intricate process which may take between 4-6 months and will include the following:

  • The Khula case to be strictly handled only by a qualified Mufti or Scholar
  • A complimentary counselling session for anxiety etc
  • Mediation (if required)
  • Establishing communication with the husband
  • Outreach investigations (if necessary)
  • Arranging interviews/meetings of applicant (or couple where mutually agreed)
  • Negotiating terms of Islamic divorce: Talaq / Khula with the husband
  • Investigating any dispute for grounds of objection to the Khula
  • Settling disputes/objections by means of negotiation (where applicable)
  • Monitoring and Evaluating the case to be in line with Islamic guidance
  • Providing standby Islamic support, fatwas or legal advice
  • Discounted package for further counselling (if required)
  • Obtaining a divorce through negotiation with the husband in cases of Khula.
  • Dissolving the Nikah in cases where all Islamic requirements have been met following a detailed investigation where the husband has refused to engage or give Talaq.
  • A Talaq Decree: certificate of Islamic divorce
For further information apply online or please call to speak to one of our helpful representatives.

FAQ’s

If I don’t want my family to find out about my Khula application, is that ok?

Your confidentiality is assured and you’re always in control of the direction of your case, however it will be necessary to establish contact with your husband.

What if my husband refuses to cooperate with the Talaq or Khula?

The Islamic Council will do its best to facilitate cooperation including formal letters, telephone calls and personal outreach visits etc where necessary or applicable by policy, however where the relationship has irretrievably broken down from the applicant’s perspective and there is a risk of any further potential suffering physical, emotional or psychological, the Islamic Council will take action to safeguard any potential victims and it proceed to dissolve the Nikah by granting the Talaq Decree.

Is there a fee? And is it refundable?

Since there is a vast amount of work to be carried out by professional staff members, there is a fee of £450, which is non-refundable (Priority Listing cases where approved may incur a surcharge).

What if I’ve been separated for years now and would just like a quick Islamic divorce?

You may select to apply for Priority Listing status. We do appreciate the anxiety and do value your time and we are also aware of many Muslim women who have had to wait further years to obtain an Islamic divorce and we deem that to be utterly unacceptable. We will endeavour to deliver an efficient and expedited service However we also have a duty of care to ensure all work is conducted scrupulously, which will with standard applications may take up to 6 months. (Priority Listing cases where approved have a much shorter proceeding)

What if my marriage is registered? Do I need to apply to the courts also?

Yes, your civil marriage issue is absolutely separate to your Khula/Talaq application, you will have to seek legal advise on proceeding with a civil divorce. We can however guide you to a number of trustworthy family law solicitors.

What if I’m having problems with my parents consenting?

The Islamic Council believes in harmonious and Islamic resolutions, we recognise that each Khula / Talaq case is unique and must be treated with the utmost care and subtlety, and where necessary we do provide family mediations however We recommend that you get in touch with one of our caring representatives who will be available to discuss. we firmly believe that whatever the problem may be Islam has a solution.