Case Studies
We present a series of case studies based on the experiences of women who have contacted the MWNUK Helpline. These case studies offer real-life scenarios and highlight practical solutions to the complex issues faced by women, men and couples.
The names and scenarios have been altered to respect anonymity of individuals.
Soha’s Case
Keywords – multiple talaq, drugs revocable divorce
Soha and her husband had frequent arguments about significant issues affecting their marriage. Soha’s husband sent her a hundred text messages divorcing her and using the word ‘Talaq’. Later, he said he had done so when angry and under the influence of drugs.
Soha and her husband wanted to reconcile and return to living together as a couple who are married under Islamic law but were not sure if this was religiously permissible.
Scholars of Islamic law differ on whether repeatedly saying ‘Talaq’ on one occasion counts as only one divorce, which may be revocable or if it equates to all three divorces and is an irrevocable divorce.
Most scholars say that a divorce given when a person is intentionally under the influence of intoxicants is valid.
Soha and her husband lived apart whilst her father asked many different scholars of Islamic law for a ruling that the divorce was revocable in their circumstances, which allowed them to reconcile. It took six months for Soha’s father to find a scholar who gave them that ruling.
Keywords – talaq certificate, child support, maintenance
Maha was issued a verbal Talaq by her husband, with whom she shares two children. She observed the ‘iddah period of three months, and as there was no reconciliation during that time, the Talaq was finalised.
Despite this, Maha’s ex-husband refused to provide her with a certificate confirming the divorce, even after she sought help from an Imam. The Imam informed Maha that she had the right to request a certificate and advised her ex-husband to issue it, but he still refused. With no other recourse, Maha had to approach an Islamic mediation organisation and present evidence of the Talaq in order to obtain the certificate herself.
Maha was also solely responsible for supporting herself and her two children. Under Islamic law, the father has a duty to financially support his children until they reach adulthood and independence. Maha is also entitled to receive maintenance payments from her ex-husband while she cares for their children. However, in England and Wales, there are no Islamic legal authorities with the power to enforce these obligations.
Under the Child Support Act 1991, there is a legal duty for non-resident parents to pay child maintenance. Maha’s ex-husband, like any parent not living with their children, is legally required to provide support until the children turn 16, or 20 if they remain in full-time education or training. If a paying parent fails to make payments, the receiving parent can apply to the Child Maintenance Service (CMS), which can enforce payments based on the paying parent’s declared income.
Ayla’s Case
Keywords – valid divorce, civil and Islamic divorce
Ayla obtained a civil divorce from her husband in England, which she also had formally registered in her country of birth. This was also the country her husband came from and where he had lived before their marriage. Although he did not contest the divorce, he also did not attend court or sign any documents throughout the process.
Due to cultural pressures and a sense of shame associated with divorce, Ayla’s family advised her not to tell anyone about the separation. At the time, both she and her family assumed that she would not wish to remarry in the future.
However, as time passed, Ayla changed her mind and began to consider remarriage and companionship. It was only then that she was informed that her civil divorce did not count as an Islamic divorce. As a result, she could not enter into a new nikah contract until her Islamic marriage was formally dissolved.
Ayla was confused, as she had believed that her civil divorce had also ended her Islamic marriage. This confusion is not uncommon, and there are varying opinions among scholars regarding whether a civil divorce also constitutes an Islamic divorce. The key opinions are:
- Husband-initiated civil divorce: If a husband files for a civil divorce, he is considered to have appointed the court as his agent to carry out the divorce. When the court issues the Final Order, this is treated as an Islamic divorce—specifically an irrevocable (Talaq al-Bā’in) divorce. The religious background of the judge issuing the order is considered irrelevant.
- Wife-initiated divorce with husband’s agreement: If a wife initiates the divorce proceedings and the husband receives the divorce documents, understands their content, and gives clear and absolute consent (e.g., by signing them), then the Final Order issued by the court can also be regarded as an Islamic divorce.
- Wife-initiated divorce without husband’s agreement: If the husband does not sign any documents or fails to clearly consent to the divorce, and the court grants the divorce at the wife’s request without his agreement, this is generally not considered a valid Islamic divorce. In such cases, the nikah remains in effect according to Islamic law.
It is noted here that the process for obtaining an Islamic divorce is different between men and women, and this remains a point of contention which needs addressing.