Muslim Divorce FAQs
37. Can a Shariah Council intervene on financial settlements and child arrangements?
No, Shariah Councils and similar bodies in England and Wales do not have legal authority to intervene in financial settlements where the marriage was legally binding, or on child arrangements in any circumstances.
Shariah Councils can do the following:
Religious divorce: They can issue an Islamic dissolution of marriage (Khulʿ, Faskh, or Talaq confirmation), which is important for women seeking religious recognition of their divorce.
Advice and mediation: Councils can provide guidance, counselling, or mediation on financial or child-related matters, but only with the voluntary agreement of both parties AND when it does not contravene any legal process. This might be where there is a non-legally binding Nikah only marriage, or a child is 18 and still financially dependent on the parent.
Community-based resolutions: They may encourage fathers to provide nafaqah (child support/maintenance) in line with Islamic principles, but they cannot enforce this legally.
38. If my Muslim divorce was conducted in another country, is it legally valid in England and Wales?
If your marriage was dissolved through an Islamic divorce in a country where such divorces are legally recognised, that divorce may also be recognised under the law in England and Wales. However, recognition is not automatic and it can depend on several factors, including the rules around domicile (your permanent home and legal connection to a country) and the way the divorce was carried out.
Because the consequences of recognition are significant, it is strongly recommended that you seek specialist legal advice on this.
This is particularly important if you wish to:
- ensure that your divorce is legally valid in England and Wales so you can legally remarry, and
- confirm that you no longer have financial responsibilities or obligations to your former spouse.
In practice, even if your religious divorce is valid in your country of origin, it may not automatically be valid in England and Wales. If you are still considered legally married under English law, this can have serious consequences for your financial rights, responsibilities, and any future marriage plans.
39. If I had both a civil (legally recognised) wedding and a religious wedding, which divorce do I need to prioritize?
The answer to this depends on your priorities.
A civil divorce is the only way to fully dissolve your marriage under English and Welsh law and settle your financial and legal obligations. Without a civil divorce, you will:
- remain financially tied to your spouse, for example, with respect to property, pensions, or spousal maintenance.
- be unable to remarry legally, as you are still married.
- risk legal disputes in the future if financial or child-related matters are not formally resolved.
A religious divorce may be an equal priority, especially if you wish to remarry. Both processes together will protect your rights and prevent ongoing obligations, however, Shariah Councils and similar bodies will generally not process an Islamic divorce until the civil divorce is complete.
40. Does a civil divorce count as an Islamic divorce?
A civil divorce may be treated as an Islamic divorce in some circumstances, depending on the interpretation of different scholars and Schools of Thought.
While civil law and Islamic law are separate, there are points where they can overlap.
One example is where:
The wife petitions for a civil divorce in the family courts, and
The husband responds by consenting to the divorce and formally signs the relevant documents.
Some scholars and Shariah Councils interpret this as the husband effectively issuing a Talaq, because his consent and signature demonstrate his acknowledgement and acceptance that the marriage has ended. In this view, the civil process doubles as the religious one.
It is important that you obtain advice from a trusted scholar as this is not a universal view and varies across schools of thought. Ḥanafi and Shafi’i jurists have been more open to recognizing the husband’s formal consent in a civil divorce as fulfilling the requirement of Talaq, whereas others insist on a distinct religious procedure.