Islamic Divorce-Khulla-Talaq

Although the divorce (Talaq) or nullification of a marriage is seen as the most disliked Halal (permissible) action a Muslim can take, in some cases it is necessary.

Please make sure you are certain before applying for a khulla as all fees are non refundable.

Please also note that the Khulla application can only be placed on hold by the request of the applicant for a maximum of 4 weeks, after which we will close the file and the applicant would need to re apply with new fees.

Allah subhanahu wa ta'ala سبحانه وتعالى says in the Noble Qur'an in Chapter 2, verse 229, "A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you, (men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them, if any do transgress the limits ordained by Allah, such persons wrong (themselves as well as others)".

Please note in accordance to the verse above, directly from the Holy Qur'an, it is not required for the wife to return her mahar in return for a khulla

The Sharia Council will do its best so that if there is no other resolve, the Muslims shall separate with kindness. The simplistic procedure is outlined below:

Khulla (Nullification-Dissolving of Nikah) Procedure

1. The applicant (wife) has to submit all the required information in full to the Sharia Council, by completing an application form and providing us with copies of the required documents and paying a one ­off None Refundable fee.
2. Once all the information has been received, the applicant will be acknowledged with a case number and reference number and a receipt for the payment of the fee.
3. At the same time, the husband (respondent) will be sent a notice that his wife wishes for us to dissolve the marriage, the husband will have the opportunity to offer a solution or proposal that is acceptable to both parties.
4. If he writes to the Sharia Council and asks for reconciliation.
   1. The applicant will be contacted again and instructed accordingly by the Council (with a copy of the respondent’s email).
   2. The Council can arrange a meeting between both parties at the Council or online in an effort to resolve the case by reconciling both parties or issuing a divorce if agreed by both parties, please note we cannot force a meeting to be convened. It is necessary for the applicant (wife) to attend the meeting, otherwise a judgement cannot be passed. We will not meet the respondent or his representative(s) on their own
   3. Normally at the request of the respondent (husband) the Council allows a reasonable period (Usually 4 weeks between each notice) of time for reconciliation efforts to be made by the husband through his own resources and family contacts. Reconciliation can take place only if both parties agree to it.
5. If the respondent does not reply to the first letter in time, then a second letter will be sent giving him another opportunity; a third letter may also be sent.
   1. If the respondent fails to reply to the letters, then The Sharia Council will decide on the case after the 3rd and final notice is issued.
   2. If the respondent does reply to the letters, then The Sharia Council shall try to arrange a meeting as long as there is no domestic violence or pending court action, PLS NOTE meetings can only be arranged if both parties agree..
   3. In the event of the respondent being absent, an oath will be taken from the applicant. The Council will take appropriate action in the matter according to the teachings of the Shariah.
6. If the respondent offers to divorce (issue talaq) the applicant then he will be sent the necessary documents to sign and return to the Council. Thereafter, a notice will be issued and sent to both parties. If he offers to divorce with certain conditions e.g. demands some money by way of Khulla, then the Council will inform the applicant requesting her decision.
7. If the Council has decided to dissolve the marriage, a khulla Notice (please note we will not issue a certificate of Khulla, as certificates are issued for achievements and a khulla is not an achievement) this will be sent to the applicant. A final letter will be not be sent to the respondent informing him of the Council's decision should the applicant agree want the respondent to have a copy, they would need to inform us so that we can send a copy to either party, the applicant can share the information or any letters she receives with the respondent should she wish to do so. There is a charge of £50 for issuing an additional copy of the Final Khulla Notice
8. Normally, the Khulla case takes up to four calendar months. Please note that the iddah starts after the khulla certificate has been issued whether that is just one month or three, The Sharia Council will explain to you how many months applies to you if you are not certain.
9. If the applicant withholds or conceals any information regarding the case, or provides the Council with misleading information, the matter may be cancelled from our files and the Islamic divorce issued by the Council may become null and void. (Someone providing untrue information knowingly calls for the wrath of Allah, subhanahu wa ta'ala سبحانه وتعالى)
10. The applicant can pause the khulla for a mximum of 4 weeks during the process, after which the khulla will be closed - cancelled and the applicant would be required to apply again
11. The Sharia Council do not deal with child custody issues and it does not have the authority to enforce a decision in financial matters as they are outside our jurisdiction and must be resolved in the civil courts.

Please complete the form to start the process, by clicking on the application form button below