- 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.
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)
- Please set out your statement on a separate piece of paper.
- If possible, write your statement in English.
- Be clear and concise, providing full details of the problems.
- If possible type/print your statement; otherwise be sure it is clearly written.
- Begin by addressing the Sharee Council panel, e.g. Dear Sharee Council panel.
- Upload the statement when completing the application form (keep copies of all documents for your own records).
- A copy of your statement will be sent to the respondent.
- 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.)
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.
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.
- 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.
- 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.
- 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.