Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Read on

The different methods of Islamic separation - Part 3: Khula and Faskh-e-Nikah

Date:5 APR 2016
Third slide
Solicitor
In this article we will discuss the following methods of Islamic separation:
  • separation by way of consent between the parties - Khula; and
  • dissolution of marriage - faskh-e-Nikah.
Unfortunately this area of Islamic Fiqh (jurisprudence) still confuses many lay Muslims as well as qualified Islamic scholars.

In my previous article I mentioned that most people tend to think that any other form of Islamic separation that is not Talaq automatically falls into the category of Khula. That could not be further from the truth. Hopefully by the time you get to this article you will have read Part 1 and Part 2 and so will be aware of the different methods of Talaq and the fact that it is a completely different method of separation to Khula and Faskh.

Khula


Khula has already been discussed in detail you can read about here.

Faskh-e-Nikah


As previously mentioned if the husband refuses to give his wife Islamic Talaq the wife would effectively be stuck in her marriage. However Islamic jurisprudence provides for the wife in enabling marriage to be dissolved by a Qadhi (a judge who sits in a...

Read the full article here.