THE PROCEDURE FOR KHUL'A/DIVORCE

  • All applicants must produce in writing the main reasons for seeking a Khul’a / Marriage dissolution in detail on our online application portal. 

  • It is imperative that you provide all your details accurately and provide the contact details, including home address, email and telephone number for the husband.

  • The Imam Islamic Judiciary (TIIJ)  will issue a maximum of three letters/emails to the husband. The first is to inform him that his wife has approached The Imam Islamic Judiciary (TIIJ) for Khula / Marriage Dissolution. In the scenario where a husband fails to respond within the allocated period, TIIJ will issue a second letter/email followed by a third letter/email, the allotted time for a response to all our formal correspondence is 7-14 days. 

  • If the husband fails to respond to the third email/letter, followed by a telephone call and text message, TIIJ will refer back to our judicial board of scholars. However, if the husband responds at any point, he will be invited to formally represent himself to TIIJ in a written format.

  • If required, the two parties may be invited to separate meetings with our judicial board of scholars to discuss their case. This will be assessed accordingly. A joint meeting will not be held if there is a court order / Non-molestation order in place.

  • TIIJ can facilitate discussion around custody and maintenance issues if civil proceedings are not applicable. Contractual obligations according to the shariah will be followed in such matters. This will be a written contractual obligation that will stand as a legal document in a British county court. We desire for both parties to reach an amicable solution to such a sensitive matter. 

  • If the husband consents to divorce, he will be asked to sign an agreement to this effect. An Islamic divorce certificate will then be issued.

  • If the husband refuses to engage with TIIJ and does not respond to the three letters/Emails, telephone calls and text, the Council will issue a final notice and may continue proceedings in his absence. TIIJ has the authority to end the marriage with judicial dissolution (Faskh). We ask the applicant and defendant to honour any conditions agreed by the judiciary panel. 

  • An Islamic divorce certificate will then be issued to the applicant. 

  • However, if the couple is interested in receiving marital counselling before they make the final decision, TIIJ will also facilitate this. Under Islamic principles, an unhappy wife will never be enjoined to return to her husband.

  • TIIJ will provide the applicant pastoral care, counselling and emotional support throughout and aftercare.