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Family Law Blog

Comment on divorce & family law 

Nikkah, talaq and Islamic divorce

4 Comments

Nikkah is a Muslim marriage and talaq is a Muslim or Islamic divorce. Why are they relevant to UK based divorce lawyers?

Divorce Solicitors in England, especially those like us who deal with a lot of expat and international divorce, are increasingly asked if a divorce abroad or indeed a marriage abroad are "legal" in the UK.

The relevance of a marriage abroad being legal here is, perhaps obviously, a very important issue if one of the people involved wants to remarry here. Also often a person may want to divorce here and make the financial claims possible here only to be faced with a claim that they were divorced in, say, Bangladesh years before by a talaq.

And even if they can get a UK divorce, most Muslims will understandably want the marriage ended in the eyes of their religion too.

Take a look at this free article on the important subject The Validity of Talaq Divorce in the UK


Andrew Woolley
Divorce solicitor

Comments

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Salaam Alaykum.
 
  What happens if a woman leaves her home for 1 year.what happens if the man decides to divorce the woman after deserting her home for 1 year does he still pay her maintenance….

By Abdulrahim Nanavat on Wednesday March 31, 2010

Salaam.

In an English law divorce situation, the payment of maintenance to the wife depends upon various factors inc e.g length of marriage, ages, children and so on. Normally the behaviour of the person is not seen as relevant although within an Islamic family her behaviour would be regarded as most serious indeed. A Judge may well regard this as a relevant factor.

So, I am afraid there is no definate answer as it depends upon all the facts in a particular case and each case would need legal advice.


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By Andrew Woolley on Wednesday March 31, 2010

Hi, I was married in Pakistan in Feb 2001 and my wife (ex) came to the UK in March 2001.  The marriage only lasted a month and a half and we separated. She returned back to Pakistan in Feb 2002. We only had a Islamic wedding ceremony on Pakistan and never registered the marriage in the UK. I pronounced the talaq in the UK. I sent the talaq documentation to the Union Council in pakistan June 2002. They   completed the proceedings. My ex remarried in Pakistan in 2008. I have been advised that due to fact that I was not in Pakistan when the talaq was handed to the Union Council it is not valid in the UK.  I have not been to Pakistan since 2001 and was thinking of going in 2011. There was a lot of bad feeling between my family and hers during the talaq proceeding and do not want to bring all of it up. Is there any way that I could get something from the Pakistani courts or the union Council that will validate my divorce on the UK? or a decree absolute?

Many Thanks…

By A.Amin on Wednesday June 2, 2010

Great article you have here. You make a good deal of good points in your post. Thank you for sharing this information.

http://www.amardulhan.com…

By muslim marriage on Friday April 20, 2012

What do you think?


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