Is it permissible for the Sharia Council in London to annul a marriage in absentia without the husband's consent, given that the conditions for divorce (talaq) or khul' are not met?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The basic principle is that khul' (divorce at the instance of the wife in return for a compensation) is valid only with the consent of both spouses. However, a judge may rule for khul' if the wife is being harmed and the husband refuses [to divorce her]. Islamic centers act as courts in non-Muslim countries. If a woman obtains a civil divorce, she should approach Islamic centers to finalize the matter according to Sharia. The custody of young children belongs to the mother, unless there is an impediment. A boy is given the choice after seven years, and a girl stays with her father after seven years of age.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/140135
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- Ftawy
- Original fatwa ID
- 140135
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy