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Divorce Council

We Are Here To Help

At times, the husband and wife encounter challenges in navigating their relationship smoothly. These may involve accusations of mistreatment, coercion, and abuse, which the accused party denies. In such situations, seeking impartial adjudication can prove beneficial.

Divorce Services

THERE ARE FOUR WAYS IN WHICH WE CAN ASSIST IN DISSOLVING A MARRIAGE IN ISLAMIC LAW

Talaq

Even if a couple has obtained a divorce under NZ civil law, they must undergo a distinct procedure to ensure their divorce is also recognised under Islamic Law. Either the husband or the wife (if authorised through Tafweedh) can apply to the Hajveri Council for a Certificate of Divorce according to Islamic Law. Once the necessary documents are submitted correctly, the Hajveri Council will issue a Certificate of Divorce, detailing the evidential basis for the divorce's validity in Islamic Law.

Khula

In cases where a man has not granted his wife a Talaq, and she lacks the authority to initiate one through Tafweedh, she can still seek a divorce from her husband via the Khula process. Should the husband consent to the divorce, the Hajveri Council will issue a Certificate of Divorce in accordance with Islamic Law. As part of the Khula process, the woman must return the Mehr (dowry) received at the time of marriage or subsequently. If no Mehr was given, the woman agrees to dissolve the marriage without receiving it.

Faskh

When a man declines to comply with a woman's request for a Talaq, she can seek assistance from the Hajveri Council to initiate Faskh proceedings. The Council would then serve formal notices to the man, and if he persists in non-cooperation, the Council would proceed to make a formal determination, resulting in the dissolution of the marriage through Faskh (judicial dissolution). Following this decision, a formal Certificate of Divorce would be issued.

Determination of marital status

Occasionally, a couple might inadvertently terminate their Islamic marriage. For instance, a husband may have jokingly uttered Talaq three times, leaving the couple uncertain about their marital status under Islamic Law—a significant violation of divine laws. In such cases, our panel can assess the evidence and facts to ascertain the marital status and provide confirmation whether both parties are still married under Islamic Law.

If you’d like more information about our services, get in touch today.

ABOUT US

The Al Hijaz Trust was established more than twenty years ago with the dual purpose of meeting the religious and spiritual requirements of New Zealand's Muslim community and fostering social unity and inclusivity within the nation's diverse populace.

ADDRESS

236 Richardson Road

Mount Roskill,

Auckland 1041

New Zealand

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