Islamic Divorce and Finances Under Sharia Law Solicitors, London
In Islam, marriage is the lawful union of a man and a woman by mutual consent. Sharia law makes provisions for either party to be able to divorce the other. We have an in-depth understanding of all aspects of Islamic divorce and Sharia Law and can provide you with culturally-sensitive, expert legal advice and representation.
Contact our Islamic Divorce Solicitors in London
The right solicitor changes everything. Anglo Law Solicitors provides expert legal advice on Islamic Divorce and Finances.
Speak directly to a family solicitor now on 020 3741 9583 or complete our online contact form for your free consultation. For evening and weekend assistance, please call our family law solicitors on 07749 448362.
Anglo law solicitors serve client across the following areas:
The City of London, Westminster, Kensington & Chelsea, Southwark, Bishopsgate, Billingsgate, Canary Wharf, Spitalfields, Aldgate, Bethnal Green, Whitechapel, Tower Hamlets, Redbridge, Kent, Tunbridge Wells, West Malling, Chafford Hundred, Chelmsford, Brentwood, Epping & Loughton
At Anglo Law, our family law team, led by Shabana Sultana, take their commitment to providing high-quality, shrewd legal advice and robust representation seriously.
- We are members of Resolution, an organisation of 6,500 Solicitors committed to following a strict Code of Practice and resolving family disputes in a non-confrontational way.
- We hold a Lexcel accreditation, awarded by the Law Society of England and Wales to firms demonstrating the highest level of practice management standards and client care.
- We are not afraid to take on challenges and have built a reputation for handling the most complex divorce, judicial separation, and annulment cases, often with an international or cross-cultural element.
- Our family law team is pragmatic, efficient, and determined – we find out what success means for you and then work tirelessly to achieving those objectives.
- If you require an interpreter, we can arrange one for you.
- Our office is paperless meaning we embrace digital technology; this affords our clients the flexibility to decide how they receive their legal advice. If you are unable to meet in person, we can talk via video conferencing. We also provide 24-hour real-time updates on your matter through our client portal.
- As passionate advocates for access to justice, we offer fixed fees on all services and provide flexible payment plans, instalment plans and monthly direct debits. We can also recommend litigation lenders, approved by the SRA, who offer loans to clients wishing to start legal proceedings.
What is a Nikah contract?
An Islamic marriage contract is a binding contract which outlines the rights and responsibilities the couple have towards each other. An essential element of the agreement is the payment of a dowry by a husband to his wife, which is hers and hers alone. The purpose of the dowry is to show honour and respect, as well as a serious commitment on behalf of the husband to marry his wife to be.
Although Nikah contracts do not have to be in writing, in practice many are. Regardless, there must be two witnesses.
The contract may stipulate where the couple will live, whether or not the husband can take a second wife without the first wife’s consent, and whether the wife has the right to initiate a divorce.
In 2018, the landmark decision in NA v MSK & HM Attorney General  EWFC 54, a High Court judge ruled that English matrimonial law applied to Islamic marriages. It was declared that the wife was entitled to a decree of nullity under section 11 of the Matrimonial Causes Act 1973 because the marriage was “entered into in disregard of certain requirements as to the formation of marriage” and is therefore void.
This decision is critical as it means couples who have had a Nikah ceremony but not a civil ceremony are entitled to bring financial remedy proceedings.
Is the wife entitled to keep her dowry if her husband initiates a divorce (known as Talaq)?
In the case of Talaq, the husband is the "contract-breaker", so he must pay the dowry in full where all or part of it was deferred or allow his wife to keep all of it if she has already been paid in full. A Talaq certificate may be obtained as evidence that the divorce has taken place.
Under Sharia law can a wife keep her dowry if she initiates the divorce?
If the wife initiates the divorce and both parties agree (known as Khula), if the husband is not at fault then the wife is the ‘contract-breaker’. In this situation, the husband can require the wife to return the dowry.
In cases where the husband is at fault, the wife can petition for divorce with cause (Faskh). She will need to prove that her husband has not fulfilled the rights under the Nikah contract, for example, he has failed to support her and her children.
A wife may also separate from her husband and seek support from an Islamic court or the Islamic Sharia Council (ISC) on the grounds her husband has oppressed her. An annulment may be granted if she can prove her case. This is known as Tafreeq.
Shabana and her team have an in-depth understanding of how Islamic divorce works and can provide advice and representation throughout the process. You can be confident we will ensure your best interests are taken care of and your rights preserved.
Can a wife make an application to recover her dowry under Sharia law?
A wife can make an application for a financial remedy to recover her dowry. The court will consider the relevant factors under section 25 of the Matrimonial Causes Act 1973 which include (but are not limited to):
- the current financial position of both parties
- the future earning potential of both parties
- any physical or mental disabilities
- the length of the marriage and the age of the parties
- the standard of living enjoyed by the couple
- the contributions each has made and will make in the future to the welfare of the family
Our formidable team will pull out all the stops to ensure you receive a fair financial settlement. We are prepared to put in the hard work required to achieve a successful result on your behalf so you can move on to a positive future.