Divorce

Applying for a Divorce/ Separation (Khula/ Faskh)

London Fatwa Council has the right to revoke a Certificate of Divorce (Faskh) we have issued, if it comes to our attention that there had been false or misleading statements or the deliberate withholding of information to obtain a separation. The Shari’ah does not permit such means to achieve a separation. Please ensure all information provided is truthful and the Council is updated should any information (contact or other) change during the course of the case.

LFC Divorce

Once you have completed the online divorce form, we will send out our ‘Terms of Contract’, which you are required to sign and return together with the necessary deposit, thereon further details will be taken from you. These details will be put before a panel of Islamic jurists and they will consider these in light of the Shari’ah requirements. At this stage you will be advised whether you have grounds for an Islamic divorce or not. If not, you will be given the option of mediation. If your circumstances warrant divorce, your spouse will be contacted with an attempt to obtain an agreement to divorce. Divorce will be granted if the spouse agrees, or in the alternative, separation will be granted through the agreement of the scholars, based on the spouse’s lack of co-operation.

Each case is unique and therefore there is no fixed time span for completion, this is heavily dependent on the level of co-operation of the parties. As a rough guide, a divorce where both parties agree, should take no more than 3 months to complete. Whereas, a divorce where the other party contests, or indeed does not respond to LFC correspondence, is likely to take between 4-5 months.

DIVORCE FORM HERE

There are two types of divorce;

1. Khula:

Separation due to divorce, pronounced by the husband in return for a sum of money or upon the condition that the wife relinquishes her right over her mahr. For this type of divorce a Statement of Divorce will be drafted and will need to be completed by both parties in the presence of two Muslim witnesses. Upon completion, the Certificate of Divorce will be issued. The cost of a Khula is £250, of which £150 is to be paid on application and the remaining £100 upon completion of the case.

2. Faskh:

Separation due to annulment, petitioned by the wife. For this type of divorce the Council represents the petitioner and seeks to contact the husband and request an insight into the case and where possible mediate between the couple. Failing this, the Council will determine whether the Shari’ah threshold for an Islamic divorce has been met and resolve the case accordingly. The cost of a Faskh is £350, of which £150 is to be paid on application and the remaining £200 upon completion of the case. London Fatwa Council has the right to revoke a Certificate of Divorce (Faskh) we have issued, if it comes to our attention that there had been false or misleading statements or the deliberate withholding of information to obtain a separation. The Shari’ah does not permit such means to achieve a separation. Please ensure all information provided is truthful and the Council is updated should any information (contact or other) change during the course of the case.

Overall conduct and responsibility for your case will lie with our panel of Islamic jurists, who also determine whether the Shari’ah threshold for an Islamic divorce has been met. The administrative side of all cases is dealt with by our specially trained volunteer,dedicated solely to casework.

Applying for a Civil Divorce (Decree Nisi/ Decree Absolute)

Fatwa Council can only issue an Islamic divorce. To apply for a Civil Divorce we recommend Ms. Nargis Awan of Awan Legal Associates who can help you seek your official legal divorce.

Please note; a Decree Absolute does not amount to an Islamic divorce. No solicitor is qualified to annul the Nikah (Islamic marriage). Only a husband or a Qadhi representing a woman, have the authority to annul the Nikah. The Nikah must be annulled by a qualified Qadhi either before applying for the Civil Divorce or after it has been granted. It is absolutely necessary to do this.

 

© 2013-2017 London Fatwa Council. All rights reserved. Designed and Developed By Design By