Islamic Divorce

Talaq Al-Bid'ah, is an interpretation of Talaq Al-Sunnah. The Arabic word 'Bid'ah' means 'innovation' and Talaq Al-Bid'ah is a kind of innovative adaptation of the initial law.

The main practical difference is that the husband does not have to go through a waiting period with Talaq Al-Bid'ah. He can divorce his wife with three consecutive statements on one occasion.

An Islamic marriage that takes place in the United Kingdom is not legally recognised unless a civil ceremony has also taken place. If you have not gone through the civil process, you are considered as unmarried in accordance with British Laws. Couples who decide to only hold the religious ceremony of Nikah are therefore recognised as a co-habiting couple under UK law.

The British Muslim communities are working on reforms to protect vulnerable individuals who are unaware of the marriage process and their rights.

If you have entered an Islamic marriage overseas, where such a marriage is recognised by the state then your marriage will also be recognised in the United Kingdom. If you were married in a country that has Muslim family law legislation and you wish to divorce in the UK, you need both an Islamic and a civil divorce. You will be required to obtain a 'Talaaq' or a 'Khula'.

We can help you obtain your Talaaq or Khula, as well as advising you on what rights you may have to financial assets, Mahr or wedding gifts.

An Islamic marriage contract is a binding contract which outlines the rights and responsibilities the couple have towards each other. An essential element of the agreement is the payment of a dowry by a husband to his wife, which is hers and hers alone. The purpose of the dowry is to show honour and respect, as well as a serious commitment on behalf of the husband to marry his wife to be.

Although Nikah contracts do not have to be in writing, in practice many are. Regardless, there must be two witnesses.

The contract may stipulate where the couple will live, whether or not the husband can take a second wife without the first wife's consent, and whether the wife has the right to initiate a divorce.

If the wife initiates the divorce and both parties agree (known as Khula), and the husband is not at fault then the wife is considered to have broken the agreement of the Nikah. In this situation, the husband can request for the return of the dowry.

In cases where the husband is at fault, the wife can petition for divorce with cause (Faskh). She will need to prove that her husband has not fulfilled the rights under the Nikah contract.