TALAQ & KHULA
CERTIFICATION

​Talaq Validity Certification 

If you unsure or have a feeling that the Islamic divorce (Talaq) has taken place. You can request for a validation certificate. This certificate will explain the reasoning for the Talaq & what type of Talaq has occurred.

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Shariah marriage advice consultancy [mediation]

We offer Islamic advice on marriage matters & disputes. This is not any legal or counseling/therapy/coaching.

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Talaq

Talaq is the Islamic divorce issued by the husband. This option is for the Husband to exercise his Shari'e right to issue a divorce in the correct and most preferred way. This option includes a Talaq certificate issued once the divorce has taken place.

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Khula/Faskh

Khula is a Islamic divorce request from the wife in exchange of the Mahar amount.

Khula can be applied by the wife in the case of discontinuing the marriage for Shari'e reasons. For this both parties will be called upon and a written statement will be requested from the wife for her reasons. This option includes a Talaq certificate issued once the divorce has taken place.

Faskh however is when all efforts have been exerted for the husband to arrange for the divorce, then the a Faskh-un-Nikah [judicial dissolution] Fatwa is given i.e. the marriage is dissolved by Qadi or Islamic scholar and both parties no long remain as spouse [husband & wife].

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Please be aware the Khula processes can in most cases be a long process, no fixed time frame can be given. The more quicker the husband agrees the quicker the process.​

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Process

All new and prospective applicants must attach the main reasons for seeking a Khul’a / Marriage Dissolution, on a separate sheet, with their application form.

Your application will be registered with the relevant details. It is imperative that you provide a contact address or email for the husband.

The Council will issue the first letter to the husband, informing him that his wife has approached the ISC for Khula / Marriage Dissolution. The applicant will receive a copy with a reference number for future correspondences. If the husband fails to reply within the allocated period, the ISC will issue a second letter, if no reply is received within the allocated time. The allocated period for husbands residing in the UK is one month; two months for those residing abroad.

If the husband fails to respond to the second letter, the Council will request the applicant to verify the respondent’s address. However, if the husband responds at any point, the parties will be invited to separate meetings with a scholar to discuss their case. The scholar will produce a written report for our records. A joint meeting between both parties and the ISC representative will also be booked; this is an integral part of the proceedings to carry out fair and just mediation. Failure to attend this meeting by the applicant may delay the case or result in its closure. A joint meeting will not be held if there is a court order in place.

The joint meeting is not designed to force an unhappy couple to reconcile. Islam has given both men and women the right to apply for divorce, and the Council takes this right very seriously. The joint meeting is an opportunity for closure; it allows both parties to air their grievances and perhaps identify their own failings. It also allows for issues such as Mahr to be agreed. The Council does not deal with Custody or maintenance issues. However, if the couple are interested in receiving marital counselling before they make the final decision, the Council will also facilitate this. Under the rules of Islam, an unhappy wife will never be forced to return to her husband.

If the husband consents to divorce, he will be asked to sign an agreement to this effect. An Islamic divorce certificate will then be issued.

If the husband refuses to engage with the Council and does not respond to the first two letters, the Council will issue a final notice.

A request will be sent to the wife asking for confirmation to take the file to the meeting of the Panel of Scholars. The Panel have the authority to end the marriage with judicial dissolution (Faskh). We ask the applicant and defendant to honour any conditions agreed by the Panel. An Islamic divorce certificate will then be issued.

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Grounds for applying for a Khula

There is no restriction on the grounds for divorce. The most common of these are:

Where the wife suffers physical, financial or emotional harm from the husband. Any violence in the marriage is condemned by Islam, and the Council takes allegations of such violence very seriously.

Where the husband suffers certain physical defects, such as impotency.

Adultery or infidelity.

Where there is difference of religion.

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Pausing the application

The case can be put on hold or withdrawn at any time during the process, but only before the final decision. The case can be put on hold for a maximum period of six months, as the parties may wish to reconcile. After this period has passed, a fresh application will be required.

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Civil divorce

If the couple have participated in a civil marriage, it is required that they are divorced in both Islamic and civil procedures. Civil divorce cannot replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah​

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It is important the matters of Talaq are dealt under the supervision of an Alim or Mufti so that the divorce can be issued correctly & compliant with the standards of Shariah.