Marriage is considered a significant part of the Muslim faith, and young adults are encouraged to participate in it as a part of their religious actions. It is a religious act that pleases Allah and offers young Muslim individuals a chance to grow their faith through a Nikkah (marriage).
Unfortunately, as with all marriages, Muslim marriages do not always work out. There are numerous reasons why Muslim women in the UK would wish to pursue divorce. It could be a simple reason like finding out they simply don’t get along with their husband or a cause of concern like domestic violence.
Whatever the case may be, Muslims marry and divorce based on the customs, traditions, and laws of their countries of origin. As discussed by Dr Islam Uddin (PhD Candidate, School of Law, Middlesex University) in his research on Muslim Family Law, marriage is considered as a binding ‘religio-legal’ contract between two individuals upon their Nikkah.
On the other hand, English law follows a monolithic system in which marriage and divorce are both legislated in accordance with Marriage Act 1949 and Matrimonial Causes Act 1973. This means that a marriage will only be considered valid in the UK if it takes place in an approved building and is certified by an authorised individual.
In the research, Dr Islam Uddin points out how the divorce process for couples with a civil registered marriage differs. Some prefer opting for a civil divorce before seeking out a religious divorce, while others do it the other way around.
“Give women ‘you wed’ their due dowries (Mahr) graciously. But if they waive some of it willingly, then you may enjoy it freely with a clear conscience..” (Quran 4:4)
Islamic marriages require the groom to pay mahr, which is any kind of monetary good, property or even service, to the bride. The mahr should be paid to the bride either before the Nikkah or any time the bride demands it. Moreover, the mahr becomes the bride’s property solely as soon as the marriage is consummated.
One of the biggest issues that Muslim women face is getting their rightful mahr. Muslim men are required to pay mahr before the Nikkah, but this isn’t common practice in the Asian subcontinent. This creates a classic case of culture and traditions taking precedence over Islamic teachings, and most women end up losing out on their mahr because the men simply refuse to give it.
Women usually just abandon the mahr and end the marriage because they simply cannot stay stuck in this loop forever. The Imams and the mosques should emphasise the need for men to pay mahr and make it a mandatory condition of the marriage. Additionally, Dr Islam Uddin’s study discovered that most of these men who portrayed themselves as broke and unable to pay ended up remarrying rather quickly. They faced no backlash or questioning from the Muslim community, while the women were labelled and considered solely responsible for the divorce.
The need for reconciliation services
In the study, numerous solicitors and even Imamas agree that couples need counselling before their problems escalate to an unsolvable measure. Unfortunately, seeking marriage counselling or mediation is considered shameful in the Muslim community. This causes most couples to fight out their issues instead of actually resolving them, leading to divorces.
It is also important to note that family involvement in the marriage only makes things worse. Women turn to their families for support but end up being told to let go of the issues and bear with them for the sake of the marriage. They will quote from the Quran that issues in a marriage should be mediated by the family, not realising that ‘family’ in this context refers to someone trustworthy who has extensive knowledge of the religion.
Only people who truly understand Islamic rulings while also knowing the couple individually and coming from a similar culture can mediate Muslim marriages.
However, if the couple realises that they simply cannot stay together any longer, the families are supposed to accept their decision. That is where Salam Mediation comes in to offer Muslim couples the mediation services they need to ensure a smooth divorce process.
Reach out to us today for further help or guidance regarding a divorce support.
How do muslim women pursue divorce?
As per the study, Imams pointed out that Islamic divorces are simple and quick; however, there is a difference in opinion when it comes to the status of a civil divorce as compared to an Islamic talaq. The Hanafi (one of the schools of jurisprudence) opinion concludes that a husband signing consent is enough for an Islamic divorce, but other sects disagree. Additionally, an SC Judge pointed out that husbands can contest the divorce, which requires them to apply Islamic jurisprudence to the matter.
The study concluded the narratives of the women and experts were quite similar, and there was a clear problem in the way Muslim men proceed with divorces. Most men fail to act responsibly in such circumstances, and this is only fueled further by a lack of knowledge about Islamic talaq.
Reach out to Islamic mediation experts
At Salam Mediation, we understand how difficult a divorce can be, even without any complications. But, when certain complications do enter your divorce proceedings, it makes matters so much tougher.
Therefore, we offer expert mediation services to guide you every step of the way. From financial settlements to parental responsibility arrangements etc., we will be your rock through the civil and Islamic divorce.
