Muslim Divorce FAQs
Getting a divorce is often a very stressful experience. This series of questions and answers is designed to help you understand the process and choose the service that best suits your needs.
1. What is the status of divorce in Islamic law and in Muslim communities?
In Islamic tradition, strong and supportive family relationships are valued as the foundation of healthy communities. Marriage is regarded as a source of companionship, stability, and mutual care.
At the same time, Islamic law recognises that not every marriage can or should continue, and in some circumstances divorce can be the most compassionate and beneficial option for individuals and families.
Couples are encouraged to seek reconciliation and make sincere efforts to resolve difficulties before considering divorce. However, divorce is permitted and the choice should be made with care, just as the decision to marry requires careful consideration.
The Prophet Muhammad (SAW) is reported to have said:
“The most hated of permissible things to Allah is divorce” (Sunan Ibn Majah 2018). This highlights the seriousness of the step: divorce is ‘hated’ because it often brings pain, disruption, and lasting impact on families and communities. Yet when remaining in a marriage causes greater harm, divorce is recognised as being lawful and necessary.
At the same time, Islamic law recognises that not every marriage can or should continue, and in some circumstances divorce can be the most compassionate and beneficial option for individuals and families.
Couples are encouraged to seek reconciliation and make sincere efforts to resolve difficulties before considering divorce. However, divorce is permitted and the choice should be made with care, just as the decision to marry requires careful consideration.
The Prophet Muhammad (SAW) is reported to have said:
2. What forms of divorce exist in Islamic law, and do both men and women have the right to seek a divorce?
There are several types of divorce in Islamic law, which vary depending on who initiates the process and the circumstances of the marriage:
Talaq is a divorce initiated by the husband.
Khulʿ is a divorce initiated by the wife, usually with the consent of the husband, often involving the return of the mahr or another mutually agreed arrangement.
Faskh is a dissolution of marriage granted by a Muslim judge or religious authority (including Shariah Councils and similar bodies in England and Wales), typically at the request of the wife, in cases where there has been harm, neglect, or serious marital breakdown.
Mubara’ah is a divorce by mutual agreement between husband and wife.
Other forms of divorce rarely used today include Ila, Ẓihar, and Li’an, each arising in specific circumstances and with their own detailed rulings.
Some Shariah Councils insist that a woman initiating divorce must use the Khul’ method, however, this is not appropriate where there has been harm, neglect or other serious issues. When a Shariah Council or similar body is approached to assist with divorce, women can request that all of these main options are explored. Faskh should be explored in circumstances where there has been some form of fault, harm or neglect by the husband.
Talaq is a divorce initiated by the husband.
Khulʿ is a divorce initiated by the wife, usually with the consent of the husband, often involving the return of the mahr or another mutually agreed arrangement.
Faskh is a dissolution of marriage granted by a Muslim judge or religious authority (including Shariah Councils and similar bodies in England and Wales), typically at the request of the wife, in cases where there has been harm, neglect, or serious marital breakdown.
Mubara’ah is a divorce by mutual agreement between husband and wife.
Other forms of divorce rarely used today include Ila, Ẓihar, and Li’an, each arising in specific circumstances and with their own detailed rulings.
Some Shariah Councils insist that a woman initiating divorce must use the Khul’ method, however, this is not appropriate where there has been harm, neglect or other serious issues. When a Shariah Council or similar body is approached to assist with divorce, women can request that all of these main options are explored. Faskh should be explored in circumstances where there has been some form of fault, harm or neglect by the husband.
3. What is a Mubara’ah divorce?
Mubara’ah is a form of divorce based on the mutual consent of both spouses. It is usually amicable, with both parties reaching an agreement regarding financial matters, custody, and other practical arrangements. In some cases, each spouse may agree to forgo certain rights in order to reach a fair settlement.
This type of divorce is equivalent to a Talaq al-baa’in or irrevocable divorce which means that if the couple later wish to reconcile, they will need to enter into a new Nikah marriage contract with a new mahr agreement.
This type of divorce is equivalent to a Talaq al-baa’in or irrevocable divorce which means that if the couple later wish to reconcile, they will need to enter into a new Nikah marriage contract with a new mahr agreement.
4. What is the role of arbiters or Tahkeem in the Islamic divorce process?
Taḥkim refers to the process where a couple appoints an arbiter, or a panel of arbiters, to oversee their case when the marriage has broken down. The role of the arbiters is to listen to both sides, explore whether there is room for reconciliation, and, if not, to make a ruling on divorce.
In practice in England and Wales, this role is often fulfilled by Shariah Councils or similar bodies, which act as forums where trained scholars and community leaders help couples navigate marital disputes. The arbiters may issue a ruling that counts as one Talaq al-baa’in or irrevocable divorce. This means that the couple could remarry in the future, but only with a new Nikah marriage contract and mahr, provided this is not their third and final divorce.
The authority of the arbiters to issue a divorce varies across different schools of thought:
In the Hanafi school, the arbiters require the husband’s consent in order to issue a divorce.
In the Maliki school, arbiters or judges may issue the divorce without the husband’s consent.
In either case, the arbiters also consider matters such as the mahr and may determine what happens to it as part of their ruling.
In practice in England and Wales, this role is often fulfilled by Shariah Councils or similar bodies, which act as forums where trained scholars and community leaders help couples navigate marital disputes. The arbiters may issue a ruling that counts as one Talaq al-baa’in or irrevocable divorce. This means that the couple could remarry in the future, but only with a new Nikah marriage contract and mahr, provided this is not their third and final divorce.
The authority of the arbiters to issue a divorce varies across different schools of thought:
In the Hanafi school, the arbiters require the husband’s consent in order to issue a divorce.
In the Maliki school, arbiters or judges may issue the divorce without the husband’s consent.
In either case, the arbiters also consider matters such as the mahr and may determine what happens to it as part of their ruling.