Ending a nikah: talaq, khula and faskh

Khula, faskh and talaq

Talaq is a divorce given by the husband. Khula is a divorce the wife asks for, usually with the husband’s agreement and the return of some or all of the mahr. Faskh is when the panel dissolves the marriage without the husband’s agreement, where there is good reason such as harm, desertion or no maintenance.

If your husband refuses or cannot be found, the panel can still consider your case through faskh.

Why you usually need both

An Islamic divorce does not end your marriage in English law, and a civil divorce does not end it in your religion. If you complete only one, you can be divorced in one system and still married in the other. That causes problems later, especially with money, remarriage and inheritance.

If your marriage was registered in law, we usually advise completing both.

How it works

1. 1

   Tell us about your situation

   Speak to us privately by phone, WhatsApp or email. You choose how and when we contact you.

2. 2

   Safety first

   Our safeguarding lead speaks to you before anything else happens. Nothing is sent to your husband until it is safe.

3. 3

   Notice to your husband

   The panel sends him notice and a private way to respond. Your address and contact details are never shared.

4. 4

   The panel decides

   The panel reviews your application, any response and the evidence, and decides khula or faskh.

5. 5

   Your civil divorce

   If your marriage is registered in law, our partner solicitors can deal with the civil divorce. The panel's decision is confirmed to you in writing.

6. 6

   Your certificate

   When the panel decides, you receive a written certificate of the decision. If you also have a civil marriage, the certificate is issued once the civil divorce is final. The certificate is a religious document and has no legal effect in English law.

Contacting you safely

We know phones, emails and messages are not always private. Before we contact you, we agree with you how and when it is safe.

• You choose phone, WhatsApp, email or post, and the times we may use them.
• We never leave a voicemail or send a letter unless you say we may.
• You can set a code word. If you say it on a call, we end the call at once and do not call back until you contact us.
• Anyone who uses your phone may see messages, calls and web history. Tell us if your phone is shared. Use a private browser window and clear this page from your history.
• In danger now? Call 999. Free, confidential support: National Domestic Abuse Helpline 0808 2000 247 (24 hours).

Leave this site quickly, or press Esc at any time.

What it costs and how long it takes

Cost. We tell you the cost of your Islamic divorce before anything starts. If your civil divorce needs a solicitor, our partner solicitors will tell you their fees before any work starts. Legal aid may be available if you have evidence of domestic abuse and meet the financial test.

Time. If your husband agrees, a khula can sometimes be completed within a few weeks. If he does not respond, we send up to three notices with a waiting period between each. We aim to decide within three months of your application being complete.

Keeping you informed. You receive a reference number. We tell you at every stage what is happening, and we never close your case without contacting you first.

Our commitments to you

• We will never ask you to give up anything other than the khula compensation. Not contact with your children, not a police complaint, and not a legal claim.
• You will never be asked to return more than the mahr you actually received.
• Arrangements for children, money and property are matters of English law. If you cannot agree, the family court decides. We will help you get advice.
• Your husband is told that you have applied. He is never given your address or your contact details.
• A woman sits on our panel and leads our safeguarding.

Questions