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Pakistan, India & Bangladesh

AQ Archers > Family Law > Pakistan, India & Bangladesh
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Pakistan India & Bangladesh

As a London based law firm, AQ Archers Solicitors specialise in divorce law relating to marriages in Pakistan, India, and Bangladesh, including those under Sharia law.

 

What is a nikah contract under Sharia law?

Under Sharia law, marriage involves the creation of a contract (the nikah contract) which lays out the rights and responsibilities of both individuals. The nikah contract may include where the couple will reside, any specific responsibilities, and the right of the wife to initiate divorce. The contract often includes the provision of a dowry by the husband to his wife, which confirms his commitment, honour, respect, and desire to enter into marriage.

 

What are the grounds for Islamic divorce in the UK?

In the UK, it is the Islamic Sharia Council (ISC) who will make the decision regarding whether a certificate of divorce should be issued. They will typically seek to help reconcile any difference between the husband and wife by using arbitration. If a divorce is granted, this may be provided with specific conditions which must be met by one party or the other (or both).

The ISC states that the grounds for Islamic divorce are as follows:

  • The applicant has embraced Islam, but the husband refuses to do so.
  • The wife is accused of not being chaste
  • The husband cannot be found
  • The husband suffers specific physical defects
  • The wife is mistreated by the husband
  • The husband fails to fulfil his marital obligations
  • The husband does not maintain his wife despite having the necessary means

 

Why should I engage AQ Archers to assist with my Islamic divorce?

Our team understands the process of Islamic divorce, whether it is initiated by the husband or wife. We are well versed with:

  • Talaq – the process of divorce initiated by the husband
  • Iddah – the three-month waiting period under talaq
  • Khula – the process of divorce initiated by the wife where the husband agrees
  • Faskh – annulment where the husband is considered ‘at fault’
  • Tafreeq – the dissolution of the marriage

As specialists in international divorce, we care and will do the best we can to help you and your loved ones through the process. International divorces and those involving Sharia law can be fraught with complexity and issues relating to conflicting jurisdictional laws.

We firmly believe that all parties to a divorce should be treated with respect, fairness, and transparency. As such, our team will fight hard to ensure that any attempt to hide assets or wealth is prevented or handled robustly. Furthermore, where children are involved, we understand that it is important to preserve relationships as much as possible, in their long term interests. This will ensure ongoing cooperation in relation to child arrangement matters and financial arrangements.

 

AQ Archers, based in London, can assist you with all aspects of international divorce. To speak to one of our consultants, please call 020 8521 2605.

Our lawyers will also represent you in civil litigation cases such as divorce.