A Glossary of Islamic Marriage and Divorce Terms

Whether navigating an Islamic Nikah marriage or an Islamic divorce that considers both shariah law and local UK civil law, there are many terms from Arabic that may be new concepts to you.

This glossary explains key Islamic marriage and divorce terms and how they may interact with UK family law.

Aqad Nikah عقد نكاح

See ‘Nikah’.

Faskh فسخ

A form of judicial annulment of an Islamic marriage granted by a religious authority or Sharia council. It may be granted where there are recognised grounds such as abuse, abandonment, failure to provide financial support, or other serious marital issues. Unlike Khula, which is initiated by the wife and may involve returning the Mehr, Faskh is usually granted where the husband has failed to fulfil his marital obligations.

Iddah (Iddat) عدّة

Iddah is the waiting period a woman must observe after divorce or the death of her husband before she can remarry. This waiting period was initially intended to determine whether the woman is pregnant.

Khula خلع

Khula is a form of Islamic divorce initiated by the wife. Often the wife agrees to return the Mehr or another financial settlement in exchange for the husband consenting to the divorce.

If the husband refuses to grant Khula, the wife may seek assistance from a Sharia council or religious authority to dissolve the marriage.

Mehr (Mahr) مهر

Mehr is a mandatory financial gift or payment from the husband to the wife agreed as part of the Islamic marriage contract. It is usually documented in the Nikahnama.

Mehr can be:

• Prompt (Mu’ajjal) – payable at the time of marriage
• Deferred (Mu’akhkhar) – payable upon divorce or death

It is intended to provide financial security for the wife.

Nikah نكاح

Nikah is the Islamic marriage ceremony and contract between two individuals under Sharia law. It establishes the marital relationship and outlines certain rights and responsibilities of the spouses.

In the UK, a Nikah alone is not automatically recognised as a legally valid marriage unless the ceremony complies with UK marriage law.

Mufti مفتي

A Mufti is an Islamic legal scholar qualified to issue legal opinions (fatwas) on matters of Islamic law.

Nikahnama نكاح نامه

The Nikahnama is the written Islamic marriage contract documenting the terms of the marriage. It may include:

• The amount of Mehr
• Conditions agreed between the spouses
• Delegated divorce rights
• Other marital obligations

Although it has religious significance, it does not automatically have legal force under UK law.

Qadi قاضي

A Qadi is a judge who applies Islamic law in legal matters, particularly in jurisdictions where Sharia forms part of the state legal system.

Sharia (Shariah) شريعة

Sharia refers to the body of Islamic religious law derived from the Qur’an and Hadith. It governs many aspects of Muslim life, including marriage, divorce, inheritance and family relationships.

Talaq طلاق

Talaq is a form of Islamic divorce initiated by the husband. Under traditional Islamic law, the husband pronounces divorce, after which the Iddah waiting period begins.

Different forms of Talaq exist depending on how the divorce is pronounced and whether reconciliation is possible.

Talaq-e-Ahsan طلاق أحسن

A form of Talaq in which the husband pronounces divorce once, followed by the Iddah period, during which reconciliation may still take place.

Talaq-e-Biddat (Triple Talaq) طلاق بیدّت

Talaq-e-Biddat, sometimes called Triple Talaq, refers to pronouncing divorce three times in one sitting. It is considered controversial and is not recognised in some Muslim-majority countries.

Talaq-e-Hasan طلاق حسن

Talaq-e-Hasan involves three separate pronouncements of divorce made over three separate periods of purity (Tuhr). Reconciliation is possible between pronouncements.

Talaq-i-Tafweez (Talaq-i-Tafweedh; Talaq-i-Tafwidh) تفويض الطلاق

Talaq-i-Tafweez is a delegated right of divorce given by the husband to the wife through the Nikahnama. This allows the wife to initiate divorce under specified circumstances agreed within the marriage contract.

The term may also be spelled Tafweedh or Tafwidh, depending on the transliteration from Arabic.

Further Information On Napthens’ Islamic Divorce Services

Our specialist Islamic and Shariah family law solicitors in are on hand to support your requirements. Explore our Islamic Divorce service page or contact us today via our form for a confidential discussion.

We also support clients in Urdu, Punjabi, Mirpuri and Pahari-Pothwari as well as English. We will be glad to accommodate your needs.