The situation in which the wife initiates divorce proceedings is known as Khul’a. Once the husband agrees to divorce her i exchange for some money or the remission of her dower, the divorce is known as Talaq. It is as valid as the Talaq given by the man of his own initiative. Khul’a depends upon the agreement reached between the two parties. If the husband agrees to give Talaq provided that his wife either abandons her right to the dower (if the dower has not yet been paid) or return back the amount of the dower to the husband (if the dowry has been paid).
In the time of the Prophet (SAWS), the wife of Thabit b. Qais asked her to return back to him the garden he gave her at the time of marriage as dower. She accepted this demand and got the Talaq.
Once the husband agrees to Khul’a, he is asked to pronounce TALAQ in exchange for the above mentioned.
1. All new and prospective applicants must attach the main reasons for seeking a Khula / Marriage Dissolution, on a separate sheet, with their application form.
2. Your application will be registered with the relevant details. It is imperative that you provide a contact address for the husband.
3. The Council will issue the first letter to the husband, informing him that his wife has approached the ISC for Khula / Marriage Dissolution. The applicant will receive a copy with a reference number for future correspondences. If the husband fails to reply within the allocated period, the ISC will issue a second letter which will be followed by a third letter, if no reply was received within the allocated time. The allocated period for husbands residing in the UK is one month otherwise two months for those residing abroad. (If the wife has obtained the Civil Divorce, evidence has to be provided that the husband did not defend it. In this case, the issuance of one letter may be enough provided that the address is verified).
4. If the husband failed to respond to the third letter, the Council will request the applicant to verify the respondent’s address. However, if the husband responded at any point, a joint meeting between both parties and the ISC representative is an integral part of the proceedings to carry out fair and just mediation. Failure to attend this meeting by the applicant may delay the case or result in its closure.
5. The above procedure is subject to the nature of the contact details of the husband.
6. Once the Council has received verification of the husband’s address, it will issue an interview request letter to the wife and the husband (provided he is legally able to do so) to see one of the ISC representative in their area (if applicable). The representative will produce a report accordingly.
7. If the husband does not attend the interview in given time, the Council will issue a final notice and copy of 1st, 2nd, 3rd letters will be sent to him via recorded delivery.
A request is sent to the wife asking her confirmation to take the file to the next panel meeting, which is on last Wednesday of every month. However, before a case is presented to the panel meeting, .all the above criteria must be met . Once the case goes to the panel meeting, if any conditional decision of dissolution is made by the panel then divorce certificate is issued subject to compliance of these conditions. If the wife breaches any conditions which she agreed to, the council may revoke the divorce certificate.
The Council will send 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. For registration fee please see application form.
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 reconciliation 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 dissolution 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 fulfill 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 fee is payable by the applicant as the last installment of the fee (see the guidelines in the application form, for the amount of fee payable at the end of this process). Two original copies of the divorce certificate are then issued; one of which is sent to the applicant and one is sent to the former husband.
Once the Khula case has been finalised, the husband can order a original copy of the Khula certificate for a fee of £100.00
This can be paid either by cheque or by card by calling our office.
If for any reason you decide to put your case on hold, you can do this. It may be you are trying to reconcile your marriage or taking counseling etc. The case can only be keep on hold for a maximum period of 2 years from the start date of the case. If you were to come back to us after the 2 year period, then it would have to be a new application.