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Page 3 of 5
Woman Seeking Divorce
The prophet Muhammad has said what could be
translated to, "The women who seek divorce ('khul'a'), without good reason
are hypocrites"
Procedure for Khula (where the wife is the client)
1. All
new and prospective clients, whether they are male or female, must write to the
Council and inform it of the main reasons for seeking a divorce. This is
normally done via post, fax or email.
2. Once
the Council is in receipt of this initial correspondence, an application form
is sent to the client.
3. New
applications must be completed in full, including a contact address for the
husband.
4. The
Council will issue an initial letter to the husband, informing him that his
wife has approached the Council to file for a divorce. The applicant will
receive a copy of this letter, along with a reference number, for future
correspondence. If the husband fails to reply within the allocated period (in
the UK, this period is one month and
outside of the UK, this period is extended to two
months), the Council will send a second letter. If there is no reply from the
husband to this letter, the Council will issue a third letter. If the applicant
has obtained a civil divorce, she must prove that her husband defended the
case. Where the husband did not defend the case through the civil courts, only
the initial letter (as mentioned above) will be sent to the husband.
5. Where
an applicant's spouse does not reply to a third letter as issued by the
Council, the Council will send to the applicant a letter (P4) reuesting the
applicant to verify - with evidence - her husband's address.
6. In the
absence of a contact address, the Council will request other contact details,
including - but not limited to the husband's telephone number; email address;
the address of next of kin. The Council will only make an advertisement in the
local press once in possession of this information. Any delay in providing this
information to the Council will result in delays in finalising the applicant's
case.
7. Once
the Council has received verification of the husband's address, it will send to
the applicant (and the husband if he lives in the UK) a letter detailing a date, the
time and venue (in the locality of the applicant) for an interview between the
applicant and her spouse, with a chosen representative present (normally an
Islamic scholar). The representative will be requested to write a
recommendation report on the case, outlining what he believes should happen
next.
8. If the
husband does not attend the interview within a prescribed period, the Council
will issue a final notice and a copy of the initial, second and third letters
(see 4., above) will be sent to him via recorded delivery.
9. Once
each of the above points have been met, the Council will send to the applicant
a letter, requesting confirmation from the applicant that her case file may be
submitted by the Council at the next Council meeting [meetings are normally
convened on the last Wednesday of every month: at each convening of a Council
meeting, a group scholars - no less than six and no more than eight - make
decisions or recommendations regarding all divorce cases].
10. All
decisions made on cases presided over by the Council in session must be
actioned before an Islamic divorce may be pronounced and a certificate issued.
Once a divorce is so-granted by the Council, a letter of the Council's intent
is sent to the applicant's husband, granting him twenty eight days in which to
comply with the Council's decision. If no objections are lodged within this
period, the Council will issue to the applicant an Islamic divorce certificate.
The Council reserves the right to revoke certificates issued, in cases where
the applicant breaches any conditions stipulated by the Council prior to the
issuing of the certficate.
*The
Council conducts Islamic divorces only: it does not conduct cases as part of
the UK
legal or judicial systems: for advice regarding a civil divorce, please consult
a qualified, legal representative.
Download the application form here.
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The Quran |
Chapter: Al-Isra' (17) Ayat(verse): 26 |
| 26 . Give the kinsman his due , and the needy , and the wayfarer , and squander not ( thy wealth ) in wantonness . | |
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