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Islamic Divorce Guide: Legal Advice and Support from Sugare & Co Solicitors in Leeds

Daniel Sugaré - Head of Family Law

At Sugare & Co Solicitors, based in Leeds, we recognise that divorce can be a difficult and emotionally challenging process.Islamic divorce carries its own legal considerations and traditions that must be carefully considered. Whether you are seeking advice as a Muslim individual or as someone supporting a friend or family member, this article details the key factors of Islamic divorce and how we can assist through the process.

What is Islamic Divorce?

In Islam, divorce is referred to as "Talaq" for men and "Khula" for women. The process is guided by religious principles and,family law. Whilst Islamic divorce laws are governed by the Qur'an and Hadith, they can also merge with UK law.

While religious divorce may be granted under Islamic law, this does not automatically mean that it will be recognised by UK law. If a couple wishes to have their divorce legally recognised in the UK, they must also obtained a divorce through the English Court.

Different Types of Islamic Divorce

There are different types of Islamic divorce, each with their own requirements and conditions:

  1. Talaq (Divorce by a Husband):

    • This is the most common type of divorce in Islamic law. A husband initiates divorce by verbally pronouncing "Talaq" three times, though there are specific rules regarding the timing and context of these declarations. A waiting period, known as iddah, follows the pronouncement to ensure that the wife is not pregnant and to provide an opportunity for the parties to get back together.

  2. Khula (Divorce by a Wife):

    • Khula allows a wife to initiate a divorce. In this case, the wife may request a divorce from her husband, often in exchange for returning her dowry or other financial settlements. The husband must agree to the divorce, but it can be granted by an Islamic Court in certain situations, particularly if the husband is refusing to cooperate.

  3. Faskh (Annulment):

    • This form of divorce is granted by an Islamic Court if the marriage is deemed invalid for certain reasons. Faskh can also be obtained if there is no agreement between the parties.

Legal Considerations

Islamic marriages and divorces are not automatically recognised by civil law in the UK. Even if a couple has divorced under Islamic law, they may still need to go through the legal process in UK courts to ensure the divorce is legally recognised. Without a civil divorce, issues such as property division, childcare arrangements, and finances may not be fully dealt with.

How Sugare & Co Solicitors Can Help

At Sugare & Co Solicitors, our team of experienced family law solicitors is committed to offering clear advice and representation for people going through an Islamic divorce. We offer services such as:

  • Guidance on the process of Islamic divorce
  • Support with civil divorce proceedings:
  • Financial settlements
  • Child custody and support:
  • International divorce complications:

    If you are considering or going through an Islamic divorce, you do not have to go through the process without support. Sugare & Co Solicitors in Leeds are here to provide the guidance needed. Contact us today for a consultation and let us help you find the best solution.