IMPORTANT

Sharee Council is one of the foremost Islamic legal service providers in the UK, established by Shaikh Yakub Qasmi (rahimah-ullah). Our office is on Thornhill Road, Dewsbury and our contact number is 01924 464122. We have received several complaints concerning individuals purporting to be linked to Sharee Council. Please be cautious.

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Islamic Divorce (Faskh or Khula)

£310.00

Islam encourages marital life and advocates settling of differences in an amicable manner. Islam also acknowledges that the only acceptable resolution to a marital dispute may at times be a divorce. Islamic law outlines several methods of terminating a marriage, deriving its rules and guidelines from the Quran and Sunnah.

In the unfortunate event where the marriage is no longer workable, and the husband is unwilling to grant talaq then the wife may seek the termination of the marriage by initiating faskh or khula proceedings.

Click 'Select this service' below to complete the application online. Alternatively, download the application here to apply by post; to request a hard-copy of the form contact our office.

Additional Information

  1. The applicant (wife) has to submit all the required information in full to the Sharee Council, by completing the application form, and providing us with copies of the required documents and paying a one ­off charge.

  2. Once all the information has been received, the applicant will be acknowledged with a case number.

  3. At the same time, the husband (respondent) will be contacted with a copy of his wife’s reasons for wanting a divorce requesting him to clarify his position in the matter. His response is forwarded to the applicant and she may be requested to respond further.

  4. If he writes to the Council and asks for reconciliation, then the applicant will be contacted again and instructed accordingly by the Council (with a copy of the respondent’s letter).
  5. The Council will arrange a meeting between both parties at the Council to discuss the matter further in the presence of the Sharee Council panel (Islamic scholars).
    • Normally at the request of the respondent (husband) the Council allows a reasonable period of time for reconciliation efforts to be made by the husband through his own resources and family contacts. Reconciliation can take place only if both parties agree to it.
       
  6. If the respondent does not reply to the first letter in time, then a second letter will be sent as a reminder giving him another opportunity; a third letter may also be sent.
    • If the respondent fails to reply to the letters, then a meeting is arranged between both parties at the Council with the Sharee Council panel (Islamic scholars). In the event of the respondent being absent, the Council will take appropriate action in the matter according to Islamic legal guidelines.

  7. Depending on the nature of the case, further information may be sought by the Sharee Council panel from associated persons or organisations. Similarly, another meeting may be arranged with the Sharee Council panel.

  8. If the respondent offers to divorce the applicant then he will be sent the necessary documents to sign and return to the Council. Thereafter, a certificate will be issued and sent to both parties.
    • If he offers to divorce with certain conditions e.g. demands some money to resolve the matter by way of khula, then the Council will inform the applicant requesting her decision. An exchange for khula is only possible with the agreement of both parties.

  9. If the Council decides to dissolve the marriage, a divorce certificate will be sent to the applicant. A final letter explaining the decision will be sent to the respondent informing him of the Council's decision.

  10. Normally, the divorce case takes three-four months to complete. This is an average figure and the exact amount of time would depend on several factors.

  11. If the applicant withholds or conceals any information regarding the case, or provides the Council with misleading information, the matter may be cancelled from our files and the Islamic Divorce issued by the Council may become null and void. (Someone providing untrue information knowingly calls for the wrath of Allah).

General

  • All matters will be dealt with utmost confidentiality. Therefore, the Sharee Council (SC) will not release any information or discuss the case with any third party without written authorisation from the petitioner.

  • The SC will deal with all matters expeditiously as far as possible and will always aim to provide the highest level of service.

  • The SC is an independent body which carries out decisions in light of the Quran and Sunnah, and will take all steps necessary to maintain its objectivity.

  • Avenues of reconciliation may be considered if circumstances permit.

  • The SC panel of scholars will adjudicate based on the merits and validity of the case. Therefore, it must not be assumed that every application will automatically result in terminating the marriage.

  • All steps will be taken to ensure that the English legal system is respected and not undermined. Civil divorce procedure is separate to Shariah law, and all clients are expected to abide by the civil divorce procedure and consult a legal practitioner.

  • If, whilst the case is ongoing, you and the respondent reconcile, you must inform the SC in writing; a phone call will not be acceptable. Once the case is closed, to re-open the case a new application will be necessary.

  • Upon receipt of the completed form, the SC will acknowledge the application and contact the concerned parties, in writing, as and when necessary.

  • Once the petition has been filed you are not entitled to a refund.

  • SC will take necessary action if it feels its services are being misused for an ulterior motive which may be the cause of injustice to someone.

  • All information provided to the SC must be true; if found to be false, the case may be cancelled.

  • Exceptional circumstances may call for the petitioner or respondent to seek an Islamic edict (fatwa) from a qualified third party in order to clarify the circumstance and/or achieve common ground. The SC will advise the party should such a situation arise.

Required Documents

Please note that we will require the following documents from you in order to process your application properly:

Particulars of Divorce/Statement of Case

(Your grievances against your spouse/reasons for demanding divorce)

  1. Please set out your statement on a separate piece of paper.
  2. If possible, write your statement in English.
  3. Be clear and concise, providing full details of the problems.
  4. If possible type/print your statement; otherwise be sure it is clearly written.
  5. Begin by addressing the Sharee Council panel, e.g. Dear Sharee Council panel.
  6. Upload the statement when completing the application form (keep copies of all documents for your own records).
  7. A copy of your statement will be sent to the respondent.
  8. At the end of your statement:
    • Print your full name
    • Sign & Date (all the pages of the statement)

(If more than one page has been used for your statement, please number each page.)

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Proof of Identification

We require one form of photographic proof confirming your identity. This may be:

  • A valid passport
  • A current cull UK driving license
  • Residence permit issued by Home Office
  • EEA member state ID card
  • National identity Card containing your photograph

A copy of any of the above documents will be accepted.

Marriage Certificate

Please send a copy of your Islamic marriage certificate or a copy of registration.

Copy of Decree Nisi or Absolute (if applicable)

Documents Confirming Legal Injunction

If you have an injunction against your spouse preventing him from contacting you, please notify us and provide copies of any documents confirming this.


The Parties

  • Both parties will be notified of the involvement of the SC.
  • The SC will deal with both parties in a non-confrontational and positive manner and expects the same in return.
  • Abuse and threats shall be reported to the police. Such behaviour may result in the termination of the case.


Issues Relating to Children

  • The SC does not deal with issues regarding access to children, and the parties are advised to seek a mutual arrangement either amicably or through mediation. However, where this is not possible an enforceable judgment may only be made by the courts.
  • The SC shall advise both parties of the Islamic position in respect of child custody and access, in light of the circumstances.


Financial Issues

  • The SC does not have the authority to enforce financial issues and hopes that the parties can reach an agreement without the need to start court proceedings. However, in the event of a dispute regarding finance an enforceable judgment may only be made by the courts.
  • Where deemed appropriate, the SC shall advise both parties of the Islamic position concerning the financial issues.


Meetings

  • If/when the parties are invited to a meeting, the attendance of both parties is compulsory. The parties are not allowed any direct contact during the meeting.
  • If one party fails to attend and a decision is taken in their absence, the decision will be binding on both.
  • Any decision taken by the SC will be made in light of the Quran and Sunnah and will be explained to both parties in a simple, easy to understand manner.
  • The SC may call both parties on separate occasions if there is a legal requirement to do so.
  • Language and conduct at the meetings is expected to be non-confrontational and non-inflammatory.
  • If both parties are present, both will be questioned according to their statement.
  • If only one party is present, the scholars may question the party which is present further to try and ascertain the facts.
  • The respondent is required to reply to all correspondence sent to him as soon as possible. However, if he decides not to cooperate, it is possible that the decision may be taken by the SC in his absence once it has been established that the marriage has broken down irretrievably.
  1. Please be acquainted with the nature of and the difference between the various types of Islamic divorce: talaq, khula and faskh prior to applying. Consulting your local ulama in this regard is advised. The Sharee Council (SC) office may also be contacted for clarification.

  2. Copies of all relevant documents must be submitted with the completed application along with the fee.

  3. You must provide the correct address and information about yourself and the respondent (your husband). Any changes in the respondent’s address or other relevant details, while the case is in progress, must be advised to the SC in writing.

  4. All information provided to the SC must be true; if found to be false, the case may be cancelled.

  5. In the absence of the respondent’s contact address, please provide address(es) of his next of kin or any person close to him.

  6. Any alternative addresses must be submitted by e-mail to info@shareecouncil.com

  7. If an agreement between the parties takes place or you decide to terminate the case whilst it is ongoing, you must inform the SC in writing.

  8. The cost of this service is £310 which is payable when submitting the application.

  9. Once the case has been filed you are not entitled to a refund. To resume a case, you may have to re-apply.

  10. Any cheques/postal orders must be made payable to Islamic Research Institute of Britain. If the cheque/postal order is not honoured, you will incur £10 administration fee.

  11. Please contact the SC office before completing this application form if a non-molestation order, restraining order or any other form of legal injunction currently prevents contact between you and the respondent (your husband).

  12. The Islamic divorce matter takes two-four months on average; in certain circumstances it may take longer.

  13. You will be required to attend the meeting(s) with the SC panel.

  14. The SC procedure is carried out according to the Quran and Sunnah.

  15. Please ensure you have read and understood the SC ‘Code of Practice’.