1. What is the Procedure for Applying for Divorce if the Marriage (Nikah) Was Solely Conducted According to Islamic Law (Shariah) in the United Kingdom?

1a. The husband should apply for talaq.

1b. If the husband refuses to issue an Islamic divorce, the wife should apply for khula.

2. What is the Procedure for Applying for Divorce if the Marriage (Nikah) Was Conducted According to Islamic Law (Shariah) and Also Registered in the United Kingdom?

2a. For an Islamic divorce, follow the procedures outlined in question 1.

2b. You will also need a civil divorce.

3. What if the Marriage was Conducted in a Country Outside the United Kingdom)?

3. Apply to the respective courts in the country where the marriage took place. The divorce will be recognised by British law as a civil divorce.

Note: For most overseas Islamic marriages, you will need either a divorce from the country of marriage or a civil divorce from an English court to be legally considered divorced.

4. What if I Obtained a Civil Divorce, But Not an Islamic Divorce?

4. Depending on the procedure and specifics of the civil divorce, the Council will determine whether an Islamic Divorce is required. Follow the procedures outlined in question 1 to obtain an Islamic divorce.

Note: A civil divorce does not result in an Islamic divorce by default.

5. What is the Procedure for Applying to the Shariah Council for an Islamic Divorce, and…

5a. My Nikah Certificate is Missing or Unavailable?

• Obtain a duplicate copy from the Imam/Organisation/Mosque office where the Nikah was conducted.

• Alternatively, contact the Shariah Council for the relevant declaration forms.

5b. I Do Not Have My Husband’s Contact Details:

• Try to obtain his current address from his parents or close relatives.

• If unsuccessful, contact the Shariah Council for the relevant declaration forms.

6. What if My Husband Issued a Verbal Divorce Without Witnesses?

6a. Ask two Muslims to speak with your husband to confirm his verbal divorce, then request written statements from them as witnesses. Keep these statements safe as proof of the divorce.

6b. Alternatively, follow the procedures outlined in section 1 to obtain an Islamic divorce.

Note: If a verbal divorce was issued by the husband, it is valid even if there weren’t any witnesses. However, for verification purposes and to avoid potential disputes, we stipulate that two Muslims attest to the divorce before issuing certificates.

7. I Have Been Separated from My Husband for More Than One Year: Is Divorce Required?

7. Yes, you still require a divorce. According to Islamic law, mere separation does not constitute an automatic divorce.

8. What if My Husband Leaves Islam?

8. If you can prove this situation, your marriage is automatically void, and the Nikah has been dissolved.

9. What are the Rules for a Woman Observing Her ʿIddah?

9a. Duration: ʿIddah begins after divorce and lasts for three menstrual cycles, or if no menstrual cycles, for three months.

9b. For Pregnant Women: The ʿIddah period ends upon childbirth.

9c. Residence: A woman must remain at home during ʿIddah but is allowed to leave for essential needs. Please contact a scholar for queries specific to your circumstances.

9d. Daily Activities: Normal daily activities are allowed at home. Only mahrams (close male relatives) and women are permitted to visit her.

10. Can We Reconcile After Khula?

10. A khula constitutes an irrevocable divorce. The husband and wife may reconcile, but a new Nikah (marriage contract) must take place.