Frequently Asked Questions
Frequently Asked Questions
If the marriage was conducted as an Islamic Nikah only and was not registered as a civil marriage in the UK, the following applies:
a. If the husband agrees to divorce:
The husband should issue a Talaq.
b. If the husband refuses to issue an Islamic divorce:
The wife may apply to the Council for Khula or dissolution of the Nikah.
If the marriage was both an Islamic Nikah and a legally registered civil marriage in the UK, then two separate matters may need to be addressed:
a. Islamic divorce:
Follow the Islamic divorce procedure outlined in Question 1.
b. Civil divorce:
A civil divorce must also be obtained through the appropriate UK legal process in order to legally end the civil marriage.
If the marriage took place outside the UK, you may need to apply for divorce through the relevant court or authority in the country where the marriage was conducted.
In some cases, an overseas divorce may be recognised under UK law if the relevant legal requirements are met. However, this depends on the country, the type of marriage, the divorce procedure followed and the circumstances of the case.
Note: For many overseas Islamic marriages, you may need either a valid divorce from the country where the marriage took place or a civil divorce through the English courts in order to be legally considered divorced under UK law. You should seek independent legal advice where civil recognition is required.
A civil divorce does not automatically result in an Islamic divorce in every case.
The Council will review the circumstances and the procedure followed in the civil divorce to determine whether a separate Islamic divorce is still required.
If an Islamic divorce is required, you should follow the procedure outlined in Question 1.
To apply for an Islamic divorce, you will usually need to provide details of your Nikah, your spouse, the reason for the application and any relevant supporting documents.
5a. What if my Nikah certificate is missing or unavailable?
You should first try to obtain a duplicate copy from the Imam, organisation or mosque where the Nikah was conducted.
If this is not possible, please contact the Council for the relevant declaration forms.
5b. What if I do not have my husband’s contact details?
You should try to obtain his current address or contact details from his parents, relatives or other reliable contacts.
If you are unable to obtain his details, please contact the Council for the relevant declaration forms.
If the husband issued a verbal Talaq, the Council may require verification before issuing any certificate or written confirmation.
Where possible, ask two trustworthy Muslims to speak with your husband and confirm whether he issued the divorce. Written statements should then be obtained from them and kept safely as proof.
Alternatively, you may apply to the Council by following the procedure outlined in Question 1.
Note: According to the Islamic position followed by the Council, a verbal divorce issued by the husband may be valid even if no witnesses were present. However, for verification purposes and to avoid future disputes, the Council may require confirmation before issuing documentation.
Yes. Separation alone does not automatically end a Nikah.
An Islamic divorce is still required unless a valid Talaq, Khula or dissolution has taken place.
If there is clear evidence that the husband has left Islam, the Council will review the matter and determine the Islamic status of the marriage.
In some cases, this may result in the Nikah being considered dissolved. Supporting evidence may be required.
The ʿIddah is the waiting period observed by a woman after divorce or the death of her husband.
a. Duration after divorce:
The ʿIddah after divorce is generally three menstrual cycles. If a woman does not menstruate, it is generally three months.
b. Pregnant women:
If the woman is pregnant, her ʿIddah ends upon childbirth.
c. Residence during ʿIddah:
A woman should remain in her home during ʿIddah, but she may leave for essential needs where necessary.
d. Daily activities:
Normal daily activities within the home are permitted. Women and mahram relatives may visit her.
For specific circumstances, please consult the Council or a qualified scholar.
Khula is an irrevocable form of divorce.
If the husband and wife wish to reconcile after Khula, they may do so only by entering into a new Nikah with a new marriage contract.