The words, explained
Islamic and legal terms come up often in the matters we handle. Here they are in plain English, so you always know what is meant.
Nikah نكاح
The Islamic marriage contract. A nikah makes a couple married in Islam, establishing the rights and responsibilities of both spouses. In England and Wales, a nikah alone is usually not recognised in law unless the marriage is also civilly registered.
Talaq طلاق
Divorce initiated by the husband, in line with Islamic principles. A talaq ends the marriage in religion, but does not by itself end it under English law, for which a civil divorce is also needed.
Khula خلع
The route by which a wife can seek divorce in line with Islamic principles, usually by returning the mahr or reaching a settlement. A woman is fully entitled to seek khula.
Mahr مهر
The gift a husband gives his wife as a right of the marriage. It belongs to her alone and can be immediate or deferred. It should be clearly recorded so it can be protected.
Faraid فرائض
The Islamic rules of inheritance (fiqh al-mawarith), which set out fixed shares of an estate for specific heirs. Distributing an estate according to faraid is a religious obligation.
Wasiyyah وصية
An Islamic bequest or will. A bequest of up to one third of the estate to people or causes who are not fixed heirs, alongside the fixed faraid shares.
Musharakah مشاركة
An Islamic partnership in which partners contribute capital, share profit in agreed proportions and bear losses in proportion to their capital. It is a genuine partnership of ownership and risk.
Mudarabah مضاربة
An Islamic arrangement in which one party provides capital and the other provides expertise and effort, sharing profit on agreed terms.
Riba ربا
Interest, or any guaranteed return on money that is not tied to genuine risk. Riba is prohibited in Islam, and avoiding it is central to halal finance.
Gharar غرر
Excessive uncertainty in a contract, where key terms are unclear or the outcome is dangerously open. Islamic contracts aim to minimise gharar.
Sharia council
A voluntary association of scholars that offers guidance to Muslims, principally on religious marriage and divorce. Sharia councils have no legal status or binding authority under English law.
Intestacy
The rules in England and Wales that decide who inherits when a person dies without a valid will. Intestacy shares rarely match faraid, which is why an Islamic will matters.
Civil registration
Registering a marriage under English law, at a register office or registered venue. Without it, a nikah is generally not recognised as a marriage in English law.
Faskh فسخ
Dissolution of a marriage by a religious panel or judge (qadi). It is used where the husband will not agree to a divorce and there is good reason, such as harm, desertion or failure to provide maintenance. Like talaq and khula, it does not end a legally registered marriage in English law.
Iddah عدة
The waiting period after a divorce or the death of a husband, during which the wife may not remarry. Its length depends on the circumstances, and the schools differ on some of its rules, including maintenance during it.
Civil divorce
Divorce under English law, granted by the family court. It is the only way to end a legally registered marriage in England and Wales. An Islamic divorce (talaq, khula or faskh) ends the marriage in religion but not in law.
Non-qualifying ceremony
The legal term for a religious ceremony, such as a nikah-only marriage in England or Wales, that does not create a marriage in English law. The courts cannot grant a divorce or make financial orders as they would for a marriage.
Scholars’ panel
LawFiq’s panel of qualified Islamic scholars, including a woman, which considers applications for khula and faskh. Its decisions are religious only: they have no legal effect in English law, and the panel is not a court.
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