Applying for a Divorce/ Separation (Khula/ Faskh) Authenticating an undocumented Talaq (Divorce)
Al-Misbah Academy of London has the right to revoke a Certificate of Divorce (Faskh) we have issued if it comes to our attention that there had been false or misleading statements or the deliberate withholding of information to obtain a separation. The Shari’ah does not permit such means to achieve separation. Please ensure all information provided is truthful and the Academy is updated should any information (contact or other) change during the course of the case.
Once you have completed the online divorce form, we will send out our ‘Terms of Contract’, which you are required to sign and return together with the necessary deposit, and further details will be taken from you.
These details will be put before a panel of Islamic jurists and they will consider these in light of the Shari’ah requirements. At this stage, you will be advised whether you have grounds for an Islamic divorce or not. If not, you will be given the option of mediation. If your circumstances warrant a divorce, your spouse will be contacted in an attempt to obtain an agreement to divorce. Divorce will be granted if the spouse agrees, or in the alternative, separation will be granted through the agreement of the scholars, based on the spouse’s lack of co-operation.
Each case is unique and therefore there is no fixed time span for completion, this is heavily dependent on the level of cooperation of the parties. As a rough guide, a divorce where both parties agree should take no more than 3 months to complete. Whereas, a divorce where the other party contests, or indeed does not respond to AMAL correspondence, is likely to take between 5-6 months.
There are three types of divorce:
Separation due to divorce, pronounced by the husband in return for a sum of money or upon the condition that the wife relinquishes her right over her mahr. For this type of divorce a Statement of Divorce will be drafted and will need to be completed by both parties in the presence of two Muslim witnesses. Upon completion, the Certificate of Divorce will be issued. The cost of a Khula is £350, of which £150 is to be paid on application and the remaining £200 upon completion of the case.
Separation due to annulment, petitioned by the wife. For this type of divorce the Council represents the petitioner and seeks to contact the husband and request an insight into the case and where possible mediate between the couple. Failing this, the Council will determine whether the Shari’ah threshold for an Islamic divorce has been met and resolve the case accordingly.
The cost of a Faskh is £550, of which £350 is to be paid on application and the remaining £200 upon completion of the case. AMAL has the right to revoke a Certificate of Divorce (Faskh) we have issued, if it comes to our attention that there had been false or misleading statements or the deliberate withholding of information to obtain a separation. The Shari’ah does not permit such means to achieve a separation. Please ensure all information provided is truthful and AMAL is updated should any information (contact or other) change during the course of the case.
Separation due to the husband uttering the word, “Talaq”(Divorce), verbally or by writing directly to the wife, or by communicating indirectly, through a third party.
The cost for documentation to confirm the Talaq, for official purposes is £200. This will only be awarded if AMAL has satisfactory evidence to prove that the Talaq had already been given. This will likely involve the drafting of a ‘Statement of Divorce’ which would need to be signed by the ex-husband.
Overall conduct and responsibility for your case will lie with our panel of Islamic Jurists, who also determine whether the Shari’ah threshold for an Islamic divorce has been met. The administrative side of all cases is dealt with by our specially trained volunteer, dedicated solely to casework.
- Any duplicate certificates will incur a charge of £50 per certificate.
- Any meetings related to Khula/Talaq which has already been finalized/consultations related to a divorce are chargeable at £25p/h.
- Any letter written for Court or any other official body will be chargeable at £50p/h.
- Payment can be made securely via PayPal on the inception of the meeting/ application of divorce.
- Applying for a Civil Divorce (Decree Nisi/ Decree Absolute);
- AMAL can only issue an Islamic divorce. To apply for a Civil Divorce we recommend that you contact any Legal Associates who can help you seek your official legal divorce.
Please Note: a Decree Absolute does not amount to an Islamic divorce. No solicitor is qualified to annul the Nikah (Islamic marriage). Only a husband or a Qadhi representing a woman, have the authority to annul the Nikah. The Nikah must be annulled by a qualified Qadhi either before applying for the Civil Divorce or after it has been granted. It is absolutely necessary to do this.