Back to search
The question

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?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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 Sharia 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.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
140135
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy