Islamic divorce in the UK is a complex phenomenon as it entails both religious and civil systems. Muslim couples who have decided to split up need to make their decisions based not only on their responsibilities to their faith, but also on the laws. Usually, the process of divorce is complicated and one has to look for advice from various professionals and support systems.
The Role of Islamic Scholars and Imams
Providing Religious Guidance
Islamic scholars and Imams are very active in the divorce process by doing the following:
Interpreting Islamic law related to divorce
Advising on the faith-based legitimacy of the divorce
Offering spiritual counselling to couples
Mediation and Reconciliation Efforts
Many Islamic scholars first try to counsel them before divorcing the couple, as the teachings of the Quran advocate reconciliation. They can:
Facilitate communication between the spouses
Deal with religious problems and misconceptions
Recommend Islamic-based solutions to the troubled marriages
Legal Professionals Specialising in Islamic Divorce
Solicitors with Expertise in Islamic Law
Lawyers who have the knowledge of both English and Islamic law will be very helpful in giving explanation and assistance in dealing with the problems by doing the following:
Explanations of legal rights and duties under both law systems
Drafting and checking Islamic divorce documents
Ensuring the fulfilment of UK's legal requirements
Barristers for Complex Cases
In other complex divorce cases, barristers might be called in order to:
Serve as clients' attorneys in court hearings
Give expert legal advice on complicated Islamic law issues
Resolve conflicts between laws governing religious institutions and those governing the civil society
Sharia Councils and Their Function
Role in Islamic Divorce Proceedings
Sharia councils in the UK although not legally recognized can be very helpful as they perform such important tasks as:
Granting Islamic divorce certificates
Organising the Islamic divorce process
Conducting religious arbitration sessions
Limitations and Controversies
The role of Sharia councils is certainly crucial, but it's important to highlight that they have constraints in the following:
Their decisions do not hold in UK courts
There are still worrisome issues about the equality between the genders in certain councils
They lack the ability to override the UK law in matters of divorce and custody
Family Mediators and Counsellors
Benefits of Mediation
Family mediators can usher the way in:
Building a communication bridge between the individuals who are in the process of divorce
Breaking mutual accords regarding the child custody and financial agreements
Diminution of conflict and emotional distress in divorce process
Culturally Sensitive Counselling
Counsellors who are well-versed in Islamic culture may offer:
Personalising therapeutic methods to the specific needs of Muslim individuals and families
Helping the community members to cope with the stigma of divorce through providing interventions
Giving practical advice on how to deal with faith and cultural identity post-divorce
Community Support Networks
Muslim Community organisations
The local Muslim community groups can as well provide:
Peer groups to support individual members dealing with divorce
Courses about Islamic rights and responsibilities of marriage
References for the best professionals within the Muslim community
Women's Support Groups
Other unique support groups for Muslim women might be useful for, among other things, making women able to talk about:
Pursuing conversation in a safe space about problems unique to women in Islamic divorces
Feel strong and learn about the rights of a woman in Islam
Directly help women who are moving out of their marriage by giving them money or discussing it with them
Financial Advisors and Experts
Islamic Finance Specialists
Islamic finance experts can give support in the following areas:
Advice on the apportionment of assets in compliance with Islamic rules such as the basic rules on fair play
Clarification of the idea of Mahr (dowry) and its relevance in divorce
Creation of financial agreements that are both Sharia-compliant and legally admissible in the UK
Forensic Accountants
In complex financial cases, forensic accountants ought to succeed in:
Finding hidden assets and income
Providing expert evidence in the court on the financial case
Facilitating fair division of the company property and the convoluted array of the funds
Child Welfare Professionals
Child Psychologists
Child psychologists can intervene greatly in the sphere of their special interests by:
Reporting on the children's hurricane of divorce
Undertaking brief or longer therapy on the family changing issues
Teaching parents how to get their children through the such difficult period of life
Family Court Advisors
Family court advisors in child matters can do the following duties:
Advocate children who may be disadvantaged by court decisions
Conduct an assessment of families' positions
Recommend custody and visitation schedules
Online Resources and Support
Educational Websites
Legitimate online sources will be able to cover:
Divorce right and the wrong
Aspects of UK law on divorce
Collection of suitably trained people for the job of divorce searcher
Online Support Forums
Online communities impart:
Support from people who are in the same situation
Places for anonymously asking sensitive questions
Access to a whole common pool of information and experiences
Government and Legal Aid Services
Legal Aid
For qualifying persons, legal aid offers:
Free or low-cost legal advice and representation
Help with court procedures and paperwork
Support in cases of domestic violence or child safety
Court Services
The UK courts provide services as follows:
Information about the system for the division of conjugal assets by the civil law
Mediation information and assessment meetings (MIAMs)
Help for people to solve their disputes in person (as they will not have a representative)
Managing an Islamic divorce case in the UK requires the use of a new approach where multiple approaches are used not just the legal systems but also sociological beliefs and personal views. For instance, the international islamic council of justice (IICJ) effectively guides and provides resources for individuals undergoing those tough processes. Through the rise of new profession and community-support components, the formerly unwritten rules on divorce have been somehow reshaped. Divorce is not just a sociological question but also a psychological one. For some it is the money, for others it is the kids. But the most important thing is to remember that personal support is not less needed. Actually, cases of divorce are not easily resolved hence different people can seek various types of support strategies. As human beings, they need to be balanced between religious teaching and live under the laws and at the same time handle their mental and physical aspects.