muslim divorce, how is it different from a civil one

[quidco]

does anyone know how it works in the uk?

[vj32]

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]

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]

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

[mumblechum1]

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]

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]

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]

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]

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]

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]

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]

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]

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.

[quidco]

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.

[quidco]

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