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Our vision

 

  • Promoting an enlightened practice of the Islamic faith by Muslims living in the UK, particularly around marriage and familial relationships.
  • Fostering and encouraging the practice of the Muslim faith according to the principles found in the Quran and the Sunnah.
  • Being one of the first online Sharia Councils nationally to make processes quicker and turnaround easier.
  • Non-biased, non- judgmental approach with its cases.
  • Taking domestic violence and domestic abuse as serious issues when evidence is provided in a divorce application.
  • Providing advice and assistance in the operation of Muslim family life.
  • Establishing a bench of scholars and specialists to operate as the National Sharia Council and to make decisions on matters of Muslim family life referred to it.

 

Divorce/Separation:

Wherever possible, the NSC seeks to effect reconciliation between an applicant and respondent for the Islamic principle states, “There shall be no inflicting or receiving of harm.” (La dharara wa la dhiraar) Injustice (Zhulm) is not tolerated in Islam, regardless of who the perpetrator is.

The following are some grounds outside of reconciliation, where the National Sharia Council Panel can consider issuing a divorce. Examples include but are not limited to the following:

1. Physical, mental, or emotional abuse. When one of the spouses becomes abusive and inflicts physical, mental, or emotional abuse, and is not willing to change by taking practical measures through therapy or counselling.

2. Failure to fulfil the objectives and purposes for which marriage was initiated. This can be utter incompatibility between the partners, which may be expressed by their irreconcilable differences in temperaments, likes, and dislikes.

3. Marital infidelity. This can be a major cause for dissolution of marriage, for marriage is built on trust and confidence. Its main purpose is to preserve the chastity and modesty of those involved. Once this foundation is eroded and undermined and there is no chance to restore the same, then divorce is the way to go.

4. Failure of the husband to provide. When the man, who is considered the provider and maintainer of the family, fails to shoulder his responsibilities and the wife decides that she cannot continue tolerating his shirking of responsibility, this is grounds for divorce.

5. Where the husband suffers certain physical defects, which are well-known in Islamic jurisprudence and are considered to be sufficient grounds for dissolution of the marriage.

6. Where the husband accuses the wife of unchastely behaviour: in such cases, the process of “li’aan” is to be applied (an oath under which a husband accuses his wife of adultery without legal proof).

7. Where the husband/wife is untraceable.

8. Where an applicant embraces Islam but the husband refuses to do so.

9. Where the husband ill-treats the applicant or fails to fulfil his marital obligations or does not maintain her, despite having the means to do so.

10. Where the husband does not divorce his wife for one of the reasons mentioned, when so ordered by a decision-making Sharia Council Panel.

11. A woman after marriage finds out that the husband is impotent.

12. Cruelty

13. Where the applicant feels they can no longer live with the respondent.

14. If one of the spouses is unable to have conjugal relations.

15. One spouse feels repulsion towards the other.

16. Any of the conditions agreed upon in the marriage contract at the time of marriage cannot be subsequently met.

Once talaaq has been pronounced, the wife enters what is known as the iddah period which lasts for three menstrual cycles (three months) or until childbirth if she is pregnant. If the husband and wife reconcile within the iddah period, the marriage can continue. In the event that they have not reconciled within the iddah period, the marriage comes to an end.

Although the husband is able to divorce his wife without involving a Sharia council, the husband or the wife may apply to the NSC for an Islamic talaaq certificate, which can be used to confirm that the couple are now divorced.

Even when a civil divorce has obtained through the Court, the couple may still like to have a religious divorce as well. This is because when they were married, they held both religious and civil marriage ceremonies. So, if the marriage then comes to an end, Muslims tend to go through marriage and divorce processes twice. It has however, been noted that many Muslim marriages in the UK are Nikah-only.