Islamic Divorce

In an increasingly cross-cultural and global society, the complexities around divorce proceedings in England and Wales can be magnified. There are particular considerations around Islamic law and its intersection with the law of this country, surrounding both the recognition of these marriages under both English and Islamic law, with each having their own provisions for marriage and divorce. 

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Is an Islamic marriage recognised in England and Wales? 

Unlike ceremonies that conform to the Church of England, Judaism or Society of Friends, Islamic weddings performed in this country are not recognised here if there is not a separate civil ceremony. A 2018 Independent review into sharia law however found that Muslim couples often fail to register their religious marriage. Normally the marriage involves the signing of the Nikah (a marriage contract). Without a civil wedding ceremony, the marriage is not recognised in this country and if the marriage breaks down, the couple will have limited options in relation to how the English courts can assist since it is regarded as a “non-marriage”. This will depend on whether there are: 

• Children (allowing for a claim under Schedule 1 of the Children Act) 

• Owned property (allowing for a claim uder the Trusts of Land and Appointment of Trustees Act 1996) 

Non-marriages, as opposed to void or voidable marriages, are deemed as having no legal consequence, rendering the court unable to redistribute any of the marital wealth when these relationships end. This is unlike void or voidable marriages, which are considered as having enough of the hallmarks of a marriage to trigger this financial ordering process.  

Further to this, laws and processes must be followed under Islamic law for the dissolution of a marriage to be effective, lest the parties remain bound within the marriage. It is therefore crucial that the parties consider both the religious and civil procedures for divorce to ensure that the divorce is recognised. 

Methods of Islamic Divorce 

There are three main methods of Islamic separation, with talaqs being initiated by the husband and the other two being initiated by the wife: 

• Talaq 

• Khula 

• Faskh-e-Nikah 

Talaq 

Talaq allows the husband to release his wife from their marriage.  The husband initially applies to the Islamic Sharia Council who will contact the wife