Divorce & Family Law
Going through a divorce can be a tough and confusing time. This is especially true if you follow Islamic Sharia law.
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As a Muslim, this intricate system of laws and principles holds great significance in your life and influences various aspects, including matrimony and divorce.
If you are facing divorce and find yourself grappling with the application of Islamic Sharia law, you don’t need to worry, we’ve got you covered with our comprehensive guide. This article will provide valuable insights and guidance on the issue of Sharia law and divorces.
We will explore the fundamentals of Islamic Sharia law in divorce, how it works in relation to divorce, and the ways in which Austin Kemp’s expert divorce solicitors can support you through this challenging time. Whether you’re just starting your journey of discovery or ready to embark on the divorce process, this article will equip you with the information and confidence you need to make informed decisions and move forward with ease.
Many Muslims in the UK follow the highly esteemed regulations and values of Islamic Sharia law as a set of rules. It covers a wide range of themes, including criminal law, commercial law, inheritance law and many others, it is not just restricted to marriage and divorce
The ideas outlined in the Quran, the actions and sayings of the Prophet Muhammad, and the agreement of Islamic scholars serve as the foundation for the law. Understanding how the law applies to your situation and how it affects the outcome is crucial when going through a divorce.
However, it is not always simple to understand the intricacies of the law, which is why consulting a competent Islamic law expert can be beneficial. You will handle the divorce process more confidently and clearly with their help, ensuring that your rights are upheld and that the result is fair.
Before we delve into the divorce procedure, we need to understand that divorce is discouraged under Islamic Sharia law. Couples are encouraged to work out disagreements and strive towards a harmonious union that lasts. The process of terminating such a union is set up as lengthy and challenging to deter couples from making this decision quickly and without thought.
It’s essential for individuals in this situation to seek qualified Islamic authority for advice before moving forward with dissolution through a divorce. If all efforts fail, then legally acceptable methods of ending the marriage shall be used in accordance with Islamic Sharia law.
The divorce procedure is split into two stages: the actual divorce, known as Talaq, and the wife’s ability to start the divorce process, known as Khula.
Whether verbal or written, the Talaq, or actual divorce, can be started by either the husband or the wife. The declaration of divorce must be given by the husband in front of two witnesses, and it must be explicit and unambiguous. The Iddah period, which is a waiting time of three menstrual cycles or three lunar months, must be completed before the divorce can be finalised and a divorce certificate issued. The couple is prohibited from having intercourse during this time, and they are required to live apart.
On the other hand, the wife might start the divorce process through Khula.
At Austin Kemp, our divorce solicitors can provide comprehensive support to anyone facing a divorce under Islamic Sharia law. Don’t let the weight of understanding how Sharia law applies to your divorce weigh you down. Our team of experts are knowledgeable in the complexities of Islamic divorce procedures and can guide you through the process with sensitivity and compassion.
It is important to note that if you have an Islamic marriage ceremony – a Nikah, in an unregistered building in the UK and do not have an additional civil ceremony, the marriage will not be recognised by the UK courts as being legally valid and that can impact upon what financial claims can be made.
If however you married abroad in a country which practices sharia law, your marriage can be recognised in England and Wales.
There are also formal requirements for a Talaq recognised in a country that practices Sharia Law to be recognised in England and Wales.
One of the key areas where Austin Kemp’s divorce solicitors can help is in ensuring a fair divorce settlement. Our solicitors will work with you to secure a settlement that takes into account your individual circumstances, including the buying of a house after divorce and transfer of property ownership. We can also assist in cases where not all assets are disclosed, with the help of forensic accounting.
We can also help you determine how much you are entitled to in a financial order, taking into account factors such as the length of the marriage, contributions made by both parties, and the needs of each individual. Our solicitors can advise on what you are entitled to if you divorce your spouse, including spousal maintenance, a share of the matrimonial assets, and any other necessary financial arrangements.
At Austin Kemp, we understand that divorce can be a difficult and emotional process, especially when navigating the complexities of Islamic Sharia law. Our divorce solicitors are here to provide you with the support and guidance you need to move forward with confidence. Whether you are facing a simple or complex divorce case, our team is dedicated to helping you achieve the best possible outcome.
It is critical for everyone considering divorce in the Muslim community to have a fundamental understanding of Islamic Sharia law and divorce. Despite the complexity of this extensive system of laws and concepts, you can successfully navigate it with some knowledge and insight. The key is to take the time to understand your alternatives and the processes involved.
It’s crucial to keep in mind that divorce can be a difficult and emotional process. If necessary, you should seek advice from a Sharia law specialist. The divorce solicitors at Austin Kemp have a ton of experience in this field and can give you the help and direction you need to make wise choices and proceed with confidence.
We can assist you whether you’re just beginning to explore your choices or are prepared to move forward with the divorce process. For you to move on to the next phase of your life, we will work with you to understand your particular circumstance and give you the guidance you need to do so confidently.
So don’t be afraid to get in touch with us if you’re going through a Sharia law divorce and need support.Get In Touch
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