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Page 4 of 5
Maximum of Three Letters to Husband
The
Council will send a maximum of three letters to the husband of an applicant.
A form is
sent to all divorce applicants making an intial request to the Council for a
divorce. Part of this process will involve an applicant being required to send
to the Council specific supporting documents, along with any fully completed
application forms. A nominal registration fee of £75.00 is required.
Once it
has received an application, the Council writes to the applicant's husband, to
request his views regarding the applicant's claim. If an answer is not received
within a month of the date of this letter, a second letter is sent (after two
months of the date of the intial letter, in cases where the husband lives
outside of the UK), asking the husband to give his
conditions for granting divorce. Where no answer is received within one month
of the date of the second letter, a third and final letter is sent to the
husband, giving him a notice of one month (after two months of the date of the
intial letter, in cases where the husband lives outside of the UK) to reply to
the Council's letter. If a reply is still not received the Council will attempt
to contact the husband through any of his relatives - address(es) of relatives
can be supplied by the applicant.
The final
decision to issue a divorce is made during a monthly meeting; the applicant is
interviewed before or during the meeting: if the husband replies to any of the
Council's letters, his views are conveyed to the applicant so that she may
respond to them. If any conditions have been stipulated by the husband and
provided that these conditions are deemed to be reasonable, the applicant is
required to comply with them.
Wherever
possible, the Council seeks to effect reconcilliation between an applicant and
her spouse. The following are grounds outside of reconcilliation, where the
Council will consider issuing a divorce:
1. Where
the husband suffers certain physical defects, which are well-known in the
Shari'a and are considered to be legal grounds for nullification of the
marriage.
2. Where
the husband accuses the wife of unchastity: in such cases, the process of
"li'aan" is to be applied (see the twenty-fourth chapter of the
Quran).
3. Where
the husband is untraceable.
4. Where
an applicant embraces Islam but the husband refuses to do so.
5. Where
the husband ill-treats the applicant or fails to fulfil his marital obligations
or does not maintain her, despite having the means to do so.
6. Where
the husband does not divorce his wife for one of the reasons mentioned, when so
ordered by a judge.
Divorce
can be denied to an applicant on the grounds that she has failed to comply with
any reasonable preconditions stipulated by her husband.
The
Council is a registered charity and its constitution empowers it to preside
over cases where either party has been living permanently in this country and
at least one of the parties has made an application, requesting the Council's
judgement.
Once a
judgement to grant divorce has been made by the Council, a divorce certificate
is issued. A fee of £75.00 is payable by the applicant for two original copies
of the divorce certificate; one of which is sent to the applicant and one is
sent to the former husband.
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The Quran |
Chapter: As-Saffaat (37) Ayat(verse): 35 |
| 35 . For when it was said unto them , There is no god save Allah , they were scornful | |
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