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Old 10-22-2008, 09:14 PM   #1
xanaxist

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Default Is there a Shariah council in England for ending a Nikah?
Asalamualaikum

A female muslim revert is being oppressed by her husband (who is not willing to give talaaq) is looking for a Shariah court (in the west Midlands if possible) to end there relationship could someone help?
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Old 10-22-2008, 09:52 PM   #2
moredasers

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Asalamualaikum

A female muslim revert is being oppressed by her husband (who is not willing to give talaaq) is looking for a Shariah court (in the west Midlands if possible) to end there relationship could someone help?
W-Salam,

Not in the Midlands but it doesn't matter & we have many dealings with Maulana and he is safe.

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

Any questions/comments/help please drop a line to:

http://www.central-mosque.com/

I know the procedure fairly well but can have Maulana comment on the Sister's specific case and get back to you, if you like...

The general procedure is:

1) Sister fills out a detailed application form highlighting grounds for asking for “Khula”

2) Maulana (along with a Panel of other Ulama) evaluate the case & see if the grounds are valid

3) Maulana then sends a letter to the spouse asking for a reply

4) If the guy chooses to reply then Maulana discusses the matter and asks for him to give Talaq or asks for explanation of the charges

5) If the guy doesn’t reply (which is most of the time) then Maulana sends some more letters asking for a reply

6) All in all if there are valid Shariah grounds then the Sister will get the Khula in about 8 months (MAX period) or less

Sister may need to visit Deswbury or may not (depending on the case). I can't remeber the exact fee but I can find out.

I have been authorised by Maulana to give information on his behalf and distribute forms and the forms are at home (somewhere).
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Old 10-22-2008, 10:31 PM   #3
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as above by brother Muadh, MAULANA YAKUB QASMI IN DEWSBURY
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Old 10-23-2008, 05:32 AM   #4
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W-Salam,

Not in the Midlands but it doesn't matter & we have many dealings with Maulana and he is safe.

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

Any questions/comments/help please drop a line to:

http://www.central-mosque.com/

I know the procedure fairly well but can have Maulana comment on the Sister's specific case and get back to you, if you like...

The general procedure is:

1) Sister fills out a detailed application form highlighting grounds for asking for “Khula”

2) Maulana (along with a Panel of other Ulama) evaluate the case & see if the grounds are valid

3) Maulana then sends a letter to the spouse asking for a reply

4) If the guy chooses to reply then Maulana discusses the matter and asks for him to give Talaq or asks for explanation of the charges

5) If the guy doesn’t reply (which is most of the time) then Maulana sends some more letters asking for a reply

6) All in all if there are valid Shariah grounds then the Sister will get the Khula in about 8 months (MAX period) or less

Sister may need to visit Deswbury or may not (depending on the case). I can't remeber the exact fee but I can find out.

I have been authorised by Maulana to give information on his behalf and distribute forms and the forms are at home (somewhere).
Asalamualaikum
Brother Muadh is there any english speaking Aalim in Maulana Yaqoub sahebs office because the affected sister can only speak english?
and what is your contact phone number and email?
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Old 10-23-2008, 05:38 AM   #5
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The general procedure is:


5) If the guy doesn’t reply (which is most of the time) then Maulana sends some more letters asking for a reply
Doesnt the Alim need any witnesses, to verify the story and her marriage? Her parents, or brothers, or the witnesses of the marriage contract? I heard this was the method of another Alim since every married woman could fill in such a request then? Doesnt he need to phone also?

(just wondering, no need to answer if you think it is inappropiate in this topic)
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Old 10-23-2008, 05:45 AM   #6
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maulana ejaz and maulana ilyas dalal both speak english and are part of the sharia council
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Old 10-23-2008, 03:49 PM   #7
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Assalamu Alaikum

Birmingham Central Mosque have a Shariah Council. The Mosque is based in Highgate - Birmingham

http://centralmosque.org.uk/?page=services/personal

There is a Sister (I think Dr Sayeeda)who deals with divorce etc. You have to make an appointment. They also have counselling service. I know many sisters who have obtained Talaq, by using their service.

The process is very similar to the above as stated by brother Muadh Khan.
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Old 10-23-2008, 06:26 PM   #8
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Assalamu Alaikum

Birmingham Central Mosque have a Shariah Council. The Mosque is based in Highgate - Birmingham

http://centralmosque.org.uk/?page=services/personal

There is a Sister (I think Dr Sayeeda)who deals with divorce etc. You have to make an appointment. They also have counselling service. I know many sisters who have obtained Talaq, by using their service.

The process is very similar to the above as stated by brother Muadh Khan.
Asalamualaikum
Could someone please provide the names of reliable Ulama(Scholars) who are part of The Shariah Council in Birmingham Central Mosque?or does Sister Dr Sayeeda decide, and according to Shariah is the verdict of a female accepted regarding matters of Divorce?
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Old 10-23-2008, 06:28 PM   #9
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maulana ejaz and maulana ilyas dalal both speak english and are part of the sharia council
Asalamualaikum
Brother could you please provide maulana Ejaz and maulana Ilyas dalals contact Phone number?Jazakumullah
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Old 10-23-2008, 06:53 PM   #10
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Yes, if you could pass on the contact details i would be very grateful. Not sure if i can post my email address here? I read the forums now and again and i highly respect your opnion, so any advice you can give is much needed... please don't hold back.


It is indeed sad and heart wrenching that your situation has come to this and may Allah (SWT) assist you and your children in this matter.

In Islam every action you perform must be underpinned by two pre-requisites:

  1. Mushwara: Consultation with your family, friends and loved ones. I also recommend that you also consult a Scholar by ringing or via email
  2. Istikhara: Seeking divine guidance in the matter.

I am hopeful that you have very seriously considered the matter and taken Mushwara from your family and those close to you and also done Istikhara.

After you have begged, beseeched our Lord (SWT) and have firmly arrived at this conclusion and then Islamically you would proceed as follows:

Islamic Procedure:
  1. Ask your husband for an Islamic divorce and according to Sunnah he needs to give you 1 Islamic divorce (when you are not on your period) and after spending Idda for 3 menstrual cycles (if you are not pregnant) and until the birth of child (if you are pregnant) you are free to marry anyone you wish. During this period you will have to remain indoors and the husband will have to provide for you financially. In UK it is recommended that you make this request in front of some reputable family members (as witnesses) and he gives you Talaq in writing; although Islamically its not required.

    If he breaks the Sunnah and gives you 3 straight Talaqs in Anger (or while drunk) and in your period etc then you will still be divorced!

    Its best to ask in writing and keep records of dates/times etc.
  2. Once you have approached him for Talaq and he is unwilling to comply. You can ask for “Khu’l” which is basically the wife may persuade the husband to enter into an agreement of Khul’ (a release for payment from the wife). The wife may also opt to forgive the husband from paying her dowry (mahr). If Khu’l is granted then again you will have to wait remain indoors for 3 menstrual cycles (if you are not pregnant) and until the birth of child (if you are pregnant) and then you are free to marry anyone else. In UK it is recommended that you make this request in front of some reputable family members OR in writing; although Islamically its not required.

    The timeframes for Khu’l varies but if he refuses in writing or in person then you need to move onto the next step.

    Its best to ask in writing and keep records of dates/times etc.
  3. If he is refusing divorce and also not willing to enter into Khu’l then the only option which is left for you is to contact an “Islamic Shariah Council” and ask the Scholars to annul your marriage. You fill out a detailed application (outlining your reasons and that you have already tried steps 1 & 2) and the process can take up from a few months to a year.

    You can contact the following:

    ***UPDATED: 21MAY2012***

    Maulana Ijaz
    Dewsbury, UK
    Office: +44 (1924) 464-122
    Office Hours: Mondy-Friday (UK) Time: 09:30 - 12:30 click on links to convert to your local time.
    Spoken Languages: English/Urdu/Gujrati

    ***UPDATED: 21MAY2012***


Basically once your application is considered and it is determined that you have sufficient grounds for annulment,; if your husband is in UK then he will be written to (visting the Shariah council) and explain the charges. If he can't visit then he can write. All letters are sent via registered post and guareenteed delivery. If he does not respond OR makes no attempt to contact then the Ulama will annul the Nikah after a few attempts.

You will need to prepare your application accurately, carefull and diligently for annulment.
British Law:

After being divorced Islamically (you are free to remarry in Islam) but according to British Law you will need to get a divorce and in a British court you can apply on any of the 5 grounds:

  1. Adultery: You must prove either through admission or by submitting circumstantial evidence that he has committed adultery.
  2. Unreasonable Behavior: This is the most commonly used clause and you must prove that he has proved in a way which makes living with him unreasonable.
  3. Desertion: He has deserted you for a period of 2 years. This is rarely used.
  4. 2 Year separation: By mutual consent you have been living apart for at least 2 years.
  5. 5 Year separation: You have been living apart and consent is not necessary.
    Depends on which grounds you choose and how he chooses to defend it; court case can take time.
    Aftermath of a divorce:


Divorce Aftermath:

If your husband is a man of Taqwa then he will provide for the children BUT that is rare. In most cases men give a very hard time, refuse to issue Talaq and refuse to pay and if you don’t have a family (to financially support you) at least initially then you will be plunged into serious financial chaos EVEN if you work because more than likely you will be seriously depressed during the whole process!

If your husband is a man of Taqwa then he will give you child custody BUT this is rare and usually men contest this in the court and even afterwards there will be “all kinds of games” just to mess you around.

If your children are of an age where they understand things then it will be VERY HARD to explain and they will go through some sort of emotional turmoil and their performance at School/Madarsa will be affected.

If you want to remarry it will depend on your age and your children etc and loads of dua. Most women will busy themselves in looking after their children and don’t actively look into remarriage.

Allah (SWT) knows best.

P.S: I strongly suggest that you ask the Moderators to allow you to contact a women Scholar on this forum and discuss this in detail since my advice is very general and I am not a Scholar!
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Old 10-23-2008, 11:07 PM   #11
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Asslamo Allaikum,

I have dealt with Mualana for a number of years and also know of Brimingham Central Mosque and another Mosque in Birmingham which provide similar service.

Maulana is the best of the bunch, Masha'Allah (& no offense to anyone). Just spoke to him about the case and he said English isn't an issue and he will pass the details to his son (who is also a Maulana) to deal with the Sister.

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

I also live in the Midlands and if required can be contacted from the following site, I can in turn put you (or her) in touch with Ulama in the Midlands. If any financial (or any other assistence) is required, drop a message to the our site and our Ameer Saheb will deal with it.

http://www.central-mosque.com/

Please let the Sister (or someone on her behalf) contact Maulana and take it from there.

Jazakullah Khairun

P.S: Drop me a line or get my email from the Private section and you can speak to me on the Phone, Insha'Allah.
Asalamualaikum
1-Are thre any reliable Ulama(Scholars) who are part of The Shariah Council in Birmingham Central Mosque?
2-Which other Masjid in Birmingham deals with similar issues & are there any Ulama involved?
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Old 10-23-2008, 11:15 PM   #12
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Asalamualaikum
1-Are thre any reliable Ulama(Scholars) who are part of The Shariah Council in Birmingham Central Mosque?
2-Which other Masjid in Birmingham deals with similar issues & are there any Ulama involved?
W-Salam,

Call me.
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Old 11-06-2008, 04:54 PM   #13
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Asslamo Allaikum,

and another Mosque in Birmingham which provide similar service.


Could I have the name of the other mosque you mentioned please. There is a sister who is in urgent need of good advice regarding divorce. Her husband has expressed an intention to divorce her. She needs to speak to an understanding Sheikh who takes into consideration the women's perspective.

It would have been helpful if you answered the questions on the fourm as posed by Rasheed786.
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Old 11-06-2008, 05:48 PM   #14
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Could I have the name of the other mosque you mentioned please. There is a sister who is in urgent need of good advice regarding divorce. Her husband has expressed an intention to divorce her. She needs to speak to an understanding Sheikh who takes into consideration the women's perspective.

It would have been helpful if you answered the questions on the fourm as posed by Rasheed786.
W-Salam,

The "next" best option to:

Maulana Yaqub Qasmi
Dewsbury, UK
Home/Office: +44 (1924) 464523

in Birmingham would be:

http://centralmosque.org.uk/

And yes there are loads of Sisters in Birmingham needing assistence in this way (appears much more than any other city in UK).

Also please ask the Sister to listen to UNITY FM on Sunday (Mid-day), Sr Aisha and others used to do a good job at advising Sisters (and taking Calls etc.)...not sure if they are still around? I obviously don't listen to Sisters's Shows on Radio on Sundays so excuse the ignorance

I did tell them that I will try to listen at somepoint but never got to it.

http://www.unityfm.net/index.php?opt...tpage&Itemid=1
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Old 11-06-2008, 07:26 PM   #15
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okay I'll pass the details on to her. I wanted to know of the other mosque in Birmingham that provides divorce/marital problems service,as the "brother" might contact them. So if you know and it is not reliable etc please do let me know. If not, no worries.

And yes there are loads of Sisters in Birmingham needing assistence in this way (appears much more than any other city in UK). I could not help but comment on this. I know this is a major generalisation (and there are good brothers even in Birmingham) but I'd advise sisters to be extra cautious when considering to marry someone born and bred in Birmingham. It's a regional thing. Too many sisters married to someone from Birmingham find themselves in the same predicament as the sister.
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Old 11-06-2008, 07:38 PM   #16
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okay I'll pass the details on to her. I wanted to know of the other mosque in Birmingham that provides divorce/marital problems service,as the "brother" might contact them. So if you know and it is not reliable etc please do let me know. If not, no worries.



I could not help but comment on this. I know this is a major generalisation (and there are good brothers even in Birmingham) but I'd advise sisters to be extra cautious when considering to marry someone born and bred in Birmingham. It's a regional thing. Too many sisters married to someone from Birmingham find themselves in the same predicament as the sister.
Asslamo Allaikum,

I am purposely not giving some names in this thread but there are lots of “dodgy” people in Birmingham wrecking the lives of Muslim Sisters particularly on the polygamy front where Muslim Sisters are being blackmailed, duped (and conned) into marrying some utterly diabolical nutcase Muslim men(LOOSERS) in the name of Following the Sunnah.

2-3 years later these Sisters have multiple children, husband is a BUM (doesn’t work, doesn’t support and beats them up) and they are psychologically damaged goods, and most then never have a healthy-realtionship with even good people.

East Coast of US went through a phase of same thing (it was called revolving-door-marriages) in the 80’s & 90’s but it was mostly a Salafi thing but in Birmingham it’s a mess amongst Deobandees, Barelwees Salafees & Ahl-e-Hadeeth….Scandals amongst Imams, Scholars & laymen alike!

I think the Ummah needs to do something about Marriage issues in UK (particularly in Birmingham) and Sisters need to be advised and some basic guidelines need to be instituted.

First and foremost Sisters need to understand that they are UNDER NO OBLIGATION to marry if they don’t want to and they shouldn’t get into a ticking-time-bomb-mentality (i.e. I am getting older and I definitely need to find someone and FAST!) or I need a man to support my kids etc...or I wear a Niqab so its hard for me to walk around and get my groceries etc.

All of these are difficulties but a lot easier to deal with then to get slapped and cut-up with a knife.

People should marry the right people and if they don't find anyone so be it.
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Old 11-06-2008, 09:02 PM   #17
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I agree there is a problem in Birmingham, I have heard of numerous stories too ghastly to mention. Further, I know of two sisters who married in Birmingham and underwent severe difficulties one ending in divorce within 10 months of marriage.

I agree the ummah needs to tackle this issue, before it gets worse.

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Old 11-13-2008, 08:33 AM   #18
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I think it is very important for the Imams from different groups to come together, and lay out what the correct procedure is to annul a marriage. For example I just asked to one Imam about this issue of contacting the husband, and if he does not respond, the woman is separated after some months, and he said this is totally wrong to do that. He also mentioned the importance of the registration of marriage at the local council, since you need to prove you're married.

Are the judgments of shariah councils in UK also valid in the secular court? Is that true?
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Old 11-15-2008, 09:50 AM   #19
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Probably coz most people in Birmingham are Kashmiris (Mirpuri). I could be mistaken but that's the impression I get. Not though I'm too familiar with Birmingham, but I am Kashmiri. Am I being racist?
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Old 06-15-2011, 09:42 PM   #20
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If someone lives in french, can he go to a shariah council and do nikah? And will this nikah be accepted by the english government. And will it be registered there? And when I go back to french, will the french government accept the registration in england?
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