In Islam the term “divorce” constitutes many different ways a couple’s marriage is ended.

Below is an explanation of some of the terms associated with Islamic divorce:

Talaaq: This form of divorce is initiated by the husband when he communicates the word divorce, talaaq or any other similar word to his wife (in any language) verbally or in writing. A wife may request the conclusion of the marriage through other means, some of which are listed below;

Khul’a: This is a form of divorce initiated by the wife but with the agreement of the husband. Both husband and wife can negotiate the terms of divorce. If the wife wants separation and the husband is not at fault, then the wife may negotiate financial terms and compensate the husband accordingly.

Equally the husband may not want anything back that he had given her as generosity is encouraged for both parties even at the time of divorce.

Faskh: It is a marriage dissolution issued by a Sharia Council in response to a request by the wife. Faskh (annulment) is pronounced by the NSC when a marriage is flawed due to one or more of the grounds of divorce mentioned above.

Tafweedh: A husband may delegate the right to divorce to another organisation or individual, including his own wife.  This is called Tafweedhut-Talaaq. This could be done verbally or in writing.  The Nikah may be terminated upon exercising this right by the individual or organisation thus delegated, in line with any terms or conditions set by the husband.  Similarly, an NSC panel can issue a Faskh (marriage dissolution) notice following completion of its due processes of delegation.

Tafreeq: (dissolution) is granted when the husband and wife have consummated the marriage, and the wife wants a divorce, but the husband refuses to give his wife a divorce. When both parties are not able to resolve their affairs, the case is brought to the NSC.

Although generally it is the wife who initially contacts the sharia council, either husband or wife can approach the council to help dissolve the marriage.

Once the panel agree that a tafreeq should be pronounced and the iddah period has come to an end, the marriage is dissolved.

Iddah: The waiting period after the divorce has been given or issued, regardless of any period of separation before it. The period of iddah is three menses or three months if one does not experience menses.

If the wife is pregnant the period of iddah will come to an end upon conclusion of the pregnancy by birth, regardless of the birth being within three months or longer.

Reconciliation / Mediation: An interactive process where an impartial member of the NSC assists a couple in resolving any marital disputes. Where helpful for the couple, we would work in partnership with other organisations that provide individual or couple counselling support etc.

Before a divorce is initiated by either party it is strongly recommended in the Qur’an (4:35) that efforts should be made to help reconcile differences. Traditionally this is done using family members however this is not always possible, and the NSC offer this valuable service with input from various other partner organisations, if deemed useful.