Divorce in Islam – Khula and Faskh-e-Nikah
Khula and Faskh-e-Nikah in the UK
Our specialist Islamic family law team have successfully helped many Muslim women through divorce and separation proceedings in compliance with their faith and the law.
We take the time to listen and understand you and your family, so we can support you in the best way possible. Whatever your situation, you will most likely need a Khula or a Faskh-e-Nikah to proceed with your divorce.
Please note: We are a solicitor firm with UK-wide offices, and can only assist in family law matters to those living in England and Wales.
Khula and Faskh
How to get a Khula
There are two ways that Islamic marriages can be ended – by obtaining a Khula or a Faskh-e-Nikah. If you have a civil marriage, it can be ended by filing for divorce.
In the UK, laws of civil marriage and divorce are applicable to all residents, irrespective of sex, colour, race or religious persuasion. For this reason, it is essential for Muslim women to understand how they can follow both Islamic law and UK law at the same time.
Difference Between a Khula and Faskh
Khula is a type of Islamic divorce in which you and your husband give your mutual consent. In this situation, you agree to certain terms, such as the return of the Mahr (dowry). If you both agree, the marriage is dissolved.
A Faskh-e-Nikah allows you to apply to the sharia council to have your marriage dissolved without your husband’s consent. This can happen if you believe your husband is unreasonably refusing to give you the Talaq.
How Long Does a Khula or Faskh Divorce Take?
The Khula/Faskh divorce process is complicated and usually takes up to four to six months.
Our expert solicitors have had 100 per cent success in securing Khula and Faskh divorce applications within three months.
The Khula/Faskh Divorce Process
A Khula/Faskh divorce generally follows a consistent process, which we will guide you through from beginning to end.
First, we will need to prepare your Sharia Council application.
- Case creation
Your case will be created by a qualified Mufti and a copy sent to your husband.
You will then be investigated by the Mufti.
You and your partner will be offered mediation and reconciliation meetings to negotiate a solution.
- Finalising divorce
Your marriage will be dissolved by the Mufti and you will be issued with a divorce certificate.
Civil Divorce in Addition to your Islamic Divorce
If you had a civil marriage in the UK or you had your Nikah in a country where the Nikah is recognised by law you will also need to get a civil divorce. So as well as obtaining your Khula or Faskh-e-Nikah you also need to follow the steps below:
- Forms and fees
Fill in a divorce petition form, pay the fee and send your forms to your local divorce centre.
- Agreement or disagreement
If your husband agrees with the divorce petition your divorce will go ahead at this stage. However, if he does not he can decide to start his own divorce proceedings against you later on.
- Court hearing
If a divorce is not agreed upon and both sides file petitions, you’ll need to go to court where a judge will hear your case.
In order to file for divorce, you need to be able to prove your marriage has broken down. There are several reasons you can use when claiming for divorce:
- Unreasonable behaviour
- Separated longer than 2 years and you both agree to a divorce
- Separated for at least 5 years and only you agree to the divorce
Expert Support with Khula and Faskh
Tailored Support from Islamic Solicitors
Our team of sympathetic and dedicated islamic divorce solicitors will always work with you to reach a solution that is right for you financially and emotionally. We support our clients throughout the Islamic divorce process, from beginning to end.
We’ll prepare your applications and legal documents and ensure that all documentation is submitted to the sharia council in a timely manner.
Additional Mediation and Reconciliation Services
We can also support you through any mediation and reconciliation meetings if you feel this could be beneficial to you, as well as leading negotiations for any financial disputes.
We can also provide civil divorce services and assistance with children disputes, should you need them.
Frequently Asked Questions
How can I get an Islamic divorce in the UK?
There are different manners in which you can get an Islamic divorce in the UK, depending on your situation and on your gender. As a woman you may need either either a Khula or Faskh, and as a man you will need a Talaq.
If you are also married under UK law, or if you had your Nikah in a country where your marriage was recognised by law then in addition to your Muslim divorce you will also need a civil divorce.
Is my Islamic marriage recognised under UK law?
If you had your Nikah in the UK and you didn't also get a civil marriage your marriage is not recognised by UK law, and therefore you will not need a civil divorce.
If, however, you had your Nikah in a country where this is recognised by law before moving to the UK, your marriage is recognised by law and you will need a civil divorce.
If you are looking to understand more about your options in regard to divorce, may that be civil or Islamic, our divorce solicitors are here for you.
What are the benefits of using an Islamic divorce solicitor?
Islamic divorce solicitors can help you with the process of Khula, Faskh or Talaq, whichever you require, as well as help you go through your civil divorce process may you need this.
Islamic divorce solicitors can also help you with all other matters concerning your divorce. Taking care of child arrangements, setting out financial arrangements and splitting other assets are all matters that need to be handled, sooner rather than later.
Our family law solicitors will be by your side throughout the process, helping you move forward.