Islamic Divorce Q&A
By: Sidraa Razaq, Islamic Divorce Solicitor at Winston Solicitors LLP
5 common questions about Islamic divorce
How long will it take?
It all depends on who you instruct! If you use a reputable solicitor then the process should be clear and organised. At Winston Solicitors, the average time scale from the Application submission to a decision being made is 2 months compared to 8 months at other firms.
What if I don’t have a copy of my Nikaah certificate?
Contact the organisation that carried out your Nikaah Ceremony as they may have a copy of your Nikaah certificate. If you cannot contact the organisation you need to show evidence to the Islamic Divorce panel that the marriage actually took place. We have helped many clients get an Islamic Divorce even where they could not produce their Nikaah certificate.
What if my ex-husband doesn’t reply?
Unfortunately, it is common for an ex-husband to purposely ignore the Islamic Divorce papers that are sent to him. This is why “service” of papers is important. As long as your solicitor can prove that your ex-husband received the paperwork or is aware the procedure has started, then the panel will move on to the next stage regardless of whether or not he responds.
Is a panel meeting needed?
Yes, the Islamic Divorce panel have to satisfy themselves that your case is significant enough for a divorce to be granted. Certain panels require face to face meetings, however it is not actually necessary. At Winston Solicitors we arrange panel meetings by video call. This helps our clients to feel at ease during the panel meeting.
Do I get an official certificate if the “Khula” is granted?
Following the panel meeting, if an Islamic Divorce is granted, the panel give you a formal divorce certificate, similar to a Decree Absolute. At Winston Solicitors we also hold a copy of the official Islamic divorce certificate on file for 6 years.
The Islamic divorce process can be complicated, but you do have the option to choose an experienced solicitor who can make the process simple and guide you through when you need it most.
