Do I need a Khula?
In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.
It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behaviour.
How can I obtain a Khula?
Surprisingly, the Shariah Council’s divorce process is extremely similar to that of the English courts civil divorce procedure. Just like a civil divorce, an Islamic Divorce process requires the Applicant to draft a statement of fact confirming why the marriage in question should be dissolved. You may think this sounds rather simple. However often many Applicants commonly misjudge this part of the procedure which results in their case not being successful or taking more time than necessary.
Should I seek advice on obtaining a Khula?
So why isn’t this task “simple”? It all boils down to the Islamic principles. We frequently find women who have instructed our firm providing information that is not relevant for their Khula. This is because certain points that a woman may feel are highly important are not actually seen to be valid reasons under the Islamic Divorce principles. An Islamic Divorce Lawyer prepares the statement of fact to identify the correct points in line with the Islamic Principles whilst also being beneficial for the Applicant’s case.
What happens if my husband does not reply?
The Sharia Council will then notify the Respondent and allow him a set number of days to respond. Again just like the civil divorce process, even if the Respondent fails to reply as long as “service” can be proved, the Sharia Panel will automatically progress this matter to the final stage.
How is the decision to grant a Khula made?
The final stage before a decision is made is known as the “Panel Meeting” stage. This is where the Applicant is able to speak to the panel directly and discuss the marriage breakdown. This is vital part of the process. If the Applicant does not put forward her case in a strategic and clear manner, it may result in her not obtaining a Khula. Islamic Divorce Lawyers often prepare their clients by providing them with clear instructions on how to present their case. They also tend to send statements of support in order to strengthen the Applicants case.
Following the panel meeting, the Sharia council will then finalise their decision. If a Khula is to be granted, the panel will issue a formal divorce certificate similar to that of a Decree Absolute.