Frequently Asked Questions
A. Applying for divorce if the marriage (Nikah) was only done accordance to Islamic Law (Shariah) in the United Kingdom
B. Applying for divorce if the marriage (Nikah) was done in accordance to Islamic law (Shariah) in the United Kingdom, and the marriage is also registered in the United Kingdom
C. Overseas Marriages (Marriages conducted in countries outside the United Kingdom)
D. You have obtained a Civil Divorce (Decree Absolute) in the United Kingdom, but you have not obtained an Islamic Divorce
E. You are applying to the Shariah Council for an Islamic Divorce, and…
F. Your husband has divorced you verbally or on telephone and there was no one present as a witness
G. You are separated from your husband for a long period (more than one year); do you still require a divorce?
H. You are married to a man who has reverted to Islam, later he returns to his previous faith…
1. The husband should apply by completing the application form (click here). It needs to be signed by two Muslim witnesses. Their full names and addresses should appear on the document.
2. If the Husband refuses to issue an Islamic Divorce, the Wife should apply for khula (click here). She must present a comprehensive statement explaining her reasons for seeking separation.
1. For an Islamic Divorce, follow the procedures as described in [A].
2. You also need a Civil Divorce (Decree Absolute). Contact a firm of solicitors dealing with matrimonial disputes. They will apply for Civil Divorce in a Local County Court.
1. Apply to the respective courts for a divorce in the country where the marriage took place. [The divorce is acknowledged by British Law as a Civil Divorce] 2. If you are unable to obtain a divorce from the country of your marriage. Then:
a. For an Islamic Divorce, follow the procedures as described in [A] b. For a Civil/Legal Divorce, follow the procedures as described in [B – Part2]
Note: For almost all overseas Islamic Marriages, you either need a divorce from the country of marriage, or a civil Divorce (Decree Absolute) from an English Court in addition to an Islamic Divorce from your husband or Shariah Council.
Follow the Procedures as described in [A] to obtain an Islamic Divorce.
1. Your Nikah Certificate is missing or not available:
a. Obtain a duplicate copy from the Imam/Qahdi/Mosque office who conducted the Nikah. Or…
b. Contact the Shari’ah Council for the Declaration Forms.
2. You do not have the contact details of your husband:
a. Obtain your husband’s current address from his parents, close relatives, etc…
b. Contact the Shari’ah Council for the relevant Declaration Forms.
1. Ask two Muslims to speak to your husband to confirm his verbal divorce, then request from them a written statement as witnesses to the divorce. Keep these statements safe as proof of the Divorce.
2. Alternatively, follow the procedures as described in [A] to obtain an Islamic Divorce.
Yes, you still require a divorce. According to Islamic Law, mere separation will never constitute an automatic divorce.
If you can prove this case, then your marriage is automatically void. The Nikah has been dissolved.