Islamic divorce

What is an Islamic divorce?

There is a special type of Islamic divorce known as a ‘Talaq’ divorce. A Talaq divorce allows a man to divorce his wife under Islamic rules. It is also possible for a wife to divorce her husband, but the husband must agree, and if he does not then it must go through the Islamic courts.

Is an Islamic divorce recognised under UK law?

Islamic divorce is only recognised in the UK in certain circumstances. If an Islamic divorce is performed in the UK then it will not be valid under UK law.

A Talaq divorce will only be valid in the UK if it was performed in a country that recognises a Talaq divorce as a legally binding method of divorce.

Where and how is an Islamic divorce recognised?

Talaq divorce is recognised in Bangladesh and Pakistan and as a result if both parties to the marriage were habitually resident or domiciled in Bangladesh or Pakistan and this is where the divorce occurred, then it would be recognised in the UK.

An Islamic divorce performed in Bangladesh or Pakistan will only be valid if certain conditions are adhered to. The husband must notify the chairman of the council ward where the couple live and must notify the wife. After the period of iddat, the ninety days following the marriage, the divorce will be finalised, unless the husband has decided not to divorce his wife.

An Islamic divorce will only be recognised in the UK if the couple are habitually resident or domiciled in Bangladesh or Pakistan. It is not possible to go to these countries as a divorce tourist.

Getting legal advice – we can help

For advice on Islamic divorce you should speak to a solicitor who is specialised in both UK family law and Islamic family law.

If you would like to obtain legal advice on Islamic divorce law, Contact Law can put you in touch with a local specialist Islamic law solicitor free of charge. Please call us on 0800 1777 162 or complete the web-form above and we’ll call you back.

Last Updated on 18/11/2011