Muslim divorce and the courts
For adherents to the Islamic faith in England and Wales, there are two courts to consider when contemplating Muslim divorce. These are:
- The 12 Islamic sharia courts in the UK, overseen by the Islamic Sharia Council in London
- The secular, civil court which presides over all divorce cases, in accordance with UK law
For many Muslims, a muslim divorce must be enacted through both these courts in order to be finalised to their satisfaction, even though a divorce granted through the civil court alone is considered a full legal divorce in the UK. A Muslim marriage, which took place in a country in which it is legally recognised, or in a registered UK mosque, is recognised as legally valid; therefore such a couple may petition the civil court for a divorce.
The sharia court in the UK mainly presides over divorce initiated from a wife’s side (Khul). This is because a husband can obtain a Muslim divorce by simply declaring his intention three times (Talaq), usually at three-monthly intervals. Generally, he should let the ex-wife keep the money or property (maher) he settled on her, by Islamic law, upon the marriage. If he does not, then the wife may apply to the sharia court for a ruling on the matter.
In contrast, if a wife cannot obtain the consent of her husband to a divorce, she may apply for an annulment from the sharia court, citing particular reasons; such as violence or adultery. If a husband disputes the divorce, her testimony must be corroborated by two other witnesses; preferably two males. If the sharia court approves her request, she will be granted dissolution of the marriage and, in some circumstances, may pay the ex-husband an amount equivalent to the maher. An application to the sharia court by a wife may take several years to resolve.
It may be the case, that if a civil divorce has been granted, this will hasten a Muslim divorce, as reconciliation will seem less likely. On the other hand, if a Muslim couple married according to Islamic law only, and did not have a civil registration of that marriage, then a civil divorce will not be required.
If you are a Muslim and considering a divorce through the UK courts, consulting a family law solicitor who has additional expertise in Islamic law may be the best course of action.