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muslim divorce, how is it different from a civil one

16 replies

quidco · 02/05/2011 15:37

does anyone know how it works in the uk?

OP posts:
vj32 · 02/05/2011 18:06

Civil divorce is recognised by UK law - Muslim divorce is not.

Look on this website at the form for a woman to request a Muslim divorce - as it explains the process.

www.islamic-sharia.org/worship-tawheed-bellief-in-allah/7.html

mumblechum1 · 02/05/2011 19:25

I'm no expert (am a family lawyer but with only a little experience of muslim law) but recently did a divorce for a muslim lady (ie the proper, uk type of divorce) and her brother and her ex had to go to the imam of the mosque where she went through the islamic ceremony to request some sort of declaration.

Note that she couldn't approach the imam herself direct, her brother had to do it.

quidco · 02/05/2011 20:16

Thank you. I;m just trying to get some information together at the moment.

OP posts:
mumblechum1 · 02/05/2011 20:19

An islamic "divorce" has no legal bearing on anything, obviously, but in the same way as Jews may wish to obtain a Get, muslims can do something similar.

Collaborate · 02/05/2011 23:07

I had a Muslim lady as a client in the last year, and her Imam came to meetings with her. He was very supportive.

scaryteacher · 03/05/2011 09:40

It depends also on if the marriage was legal in the first place. If it was purely a Muslim marriage, without having registered it, or gone through a civil ceremony to make it legal in the UK, would a civil divorce be appropriate?

mumblechum1 · 03/05/2011 12:26

Scary no, because as you say, in law there is no marriage. I had a woman in a few years ago who wanted to get divorced. When I asked for the marriage cert, there wasn't one as they just had a "marriage" in the mosque, so therefore was just cohabiting, she had no claim on his pension, for spousal maintenance and no interest in the house which was in his sole name.

scaryteacher · 03/05/2011 14:20

This is why (following on from the Burka thread), I don't understand why Muslim women don't want their marriages registered, or aren't aware that they will have bog all rights apart from what they will granted from a sharia court.

littleducks · 03/05/2011 14:23

This OP has another thread on this too, and from that she was married abroad (so marriage is accepted her fully with just a nikkah read) and has a marriage cert but it is not in English. Which has different legal implications

mumblechum1 · 03/05/2011 14:33

If you were married abroad OP, then English law will recognise your marriage as valid so long as it was properly done in that foreign country.

Therefore, you are entitled to use England & Wales law to dissolve your marriage in the normal way.

If you're bothered about getting an Islamic "divorce", which as I said up the thread is not legally necessary here, you need to contact your Imam. It may need to be done in the mosque where the marriage took place.

nickelbabe · 03/05/2011 14:37

this post from vj's link has abit of info on it:
www.islamic-sharia.org/divorce-talaq/what-is-the-proper-way-of-giving-divorce-in-islam-11.html

quidco · 03/05/2011 18:53

i'd prefer to hire a hitman, but thats just my frustration speaking.

yes, we were married according to the law in pakistan. I am quite shocked by women not wanting to have their marriages registered legally. whats the point in that? I was told by the registrar at the time we registered dc1's birth that we didnt need to register our marriage as we were married legally according to the law in the country.

OP posts:
babybarrister · 07/05/2011 08:33

This reply has been deleted

Message withdrawn at poster's request.

quidco · 09/05/2011 00:05

dh would love that.....

I was married in the capital city, with all the attendant paperwork, carried out by an appropriate official etc.

I am not going to divorce the dh as it seems I will be in a far far worse situation than i am currently in. :( thank you all for your help and advice.

OP posts:
babybarrister · 09/05/2011 07:40

This reply has been deleted

Message withdrawn at poster's request.

quidco · 09/05/2011 10:34

he wont because he thinks i will waltz off with fifty percent of everything.

OP posts:
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