Talaq

Whilst a couple may already be divorced under UK civil law, a separate process must be followed to ensure they are also divorced under Islamic Law. A man or woman (if she has obtained the power through Tafweedh) can request from the Hajveri Council a Certificate of Divorce under Islamic Law.

Upon receipt of the appropriately executed documents, the Hajveri Council will issue a Certificate of Divorce which sets out the evidential matrix upon which the divorce in Islamic Law is effective.

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Khula

Where a man has not given his wife a Talaq and the woman is unable to initiate Talaq under the powers of Tafweedh, she can still request a divorce from her husband under the Khula process. If the husband agrees to the divorce, the Hajveri Council will issue a Certificate of Divorce under Islamic Law.

The woman will be required to return the Mehr (dowry), which would have been given to her at the time of marriage or thereafter. If the Mehr was not given, then the woman would agree to dissolve the marriage without receiving this.

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Faskh

Where a man refuses to co-operate with the request for a woman to be given a Talaq. In these circumstances the woman can request the Hajveri Council to issue proceedings for Faskh.

The Council would formally issue notices to the man. If he fails to co-operate, a formal determination would be made by the Council, dissolving the marriage, by way of Faskh (judicial dissolution). Upon such deliberation, a formal Certificate of Divorce would be issued.

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Determination of marital status

Sometimes a couple may have unknowingly ended their Islamic marriage. For example, a husband may have uttered Talaq three times in jest and the couple may now be unsure as to whether they are still married under Islamic Law, which is a major contravention of the laws of our Creator.

In this circumstance, our panel can determine the marital status and confirm based on evidence and facts whether both parties remain married under Islamic Law.

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