For many Muslim couples, marriage begins with high hopes, shared faith and the solemn covenant of the nikah. But when a marriage breaks down irreversibly, ending that marriage can become an emotionally difficult and complicated process — particularly when a couple has both a civil and religious dimension to their marriage.

In the United Kingdom, Sharia councils provide an important religious service for Muslims seeking an Islamic divorce or dissolution. The 2018 Independent Review into the application of Sharia law in England and Wales found that more than 90% of people using Sharia councils were women seeking an Islamic divorce. It also concluded that Sharia councils fulfil a genuine need in some Muslim communities and that simply closing them would not be a viable solution. (GOV.UK)

At the same time, the review identified concerns about fees, inconsistent procedures, safeguarding, representation and the treatment of women.

This raises an important question:

Can we recognise the valuable role Sharia councils play while also asking whether the system can be made more transparent, accessible, accountable and fair?

This article explores the financial and administrative challenges women may face when seeking religious divorce, the importance of legal marriage registration, representation and safeguarding, and some possible areas for reform.

1. Understanding the Different Forms of Islamic Divorce

It is important to begin by recognising that Islamic jurisprudence contains different mechanisms for ending a marriage, and that details can vary between schools of Islamic thought.

Talaq

Traditionally, talaq is a unilateral declaration of divorce by the husband.

The 2018 UK Government review described talaq as a form of unilateral divorce that a husband can issue himself. This means that, in circumstances where a husband chooses to issue talaq, he may not need to make an application to a Sharia council in order to obtain the religious dissolution. (GOV.UK)

Khula

Khula is generally initiated by the wife and traditionally involves the husband’s agreement or consent, although the precise rules and procedures vary according to jurisprudential approach.

In some circumstances, financial concessions may also arise. The 2018 review found evidence that some women seeking khula were asked to make financial concessions, including returning the mahr or other gifts. (GOV.UK)

Faskh

Faskh refers to dissolution of a marriage by a qualified Muslim jurist or religious authority in circumstances where the husband is unwilling to agree to the divorce.

The 2018 review described faskh as a form of dissolution that may be granted by a Muslim jurist to a wife against a husband unwilling to agree to a divorce. (GOV.UK)

The exact requirements for faskh are not identical across all schools or institutions. It should therefore not be assumed that every woman will follow exactly the same procedure or have exactly the same grounds considered by every Sharia council.

This distinction matters because Islamic divorce is not a single, uniform administrative process.

2. Why Can Religious Divorce Cost More for Women?

One of the most difficult questions concerns the potential financial difference between the routes available to men and women.

A husband exercising talaq may be able to initiate the religious divorce himself without paying a Sharia council application fee.

A woman seeking khula or faskh may instead need to approach a Sharia council or another qualified religious authority, depending on her circumstances and the approach being followed.

That can introduce administrative fees and potentially a longer process.

The 2017 Guardian investigation into British Sharia councils reported that some women paid around £400 for Islamic divorce while men paid considerably less. The article also reported calls from within the Sharia-council community itself for fairer charges. (The Guardian)

The 2018 Government review provided a broader picture. The councils examined by the review charged fees ranging from £100 to £900, with an average of £300–£500. It also noted that some councils said they reduced or waived fees for people unable to afford them. (GOV.UK)

These figures should not be treated as current universal fees. They are evidence of the fee structures identified at the time of the review.

But the underlying question remains relevant:

Why should a woman potentially face a greater financial burden simply to obtain a religious dissolution of her marriage?

There may be legitimate administrative costs involved in processing a case, reviewing evidence and reaching a religious determination.

However, transparency matters.

Women should be able to understand:

• what the fee covers;
• whether the fee is refundable;
• whether additional costs can arise;
• whether hardship reductions are available;
• how long the process is expected to take; and
• what happens if the application is unsuccessful or withdrawn.

A transparent fee structure would help applicants make informed decisions at an already difficult time.

3. The Difference Between Religious and Civil Divorce

Another important distinction is that a Sharia council is not a civil court.

The 2018 Independent Review explicitly stated that Sharia councils have no legal status or legally binding authority under civil law in England and Wales. They are not courts, and their decisions do not replace the authority of the civil family courts. (GOV.UK)

This distinction is extremely important.

A religious divorce and a civil divorce are separate matters.

A Muslim woman who has a legally recognised civil marriage may still want an Islamic divorce for religious or community reasons. Conversely, someone who has only a religious marriage may not have a civil marriage that can be dissolved through the ordinary divorce process.

The Government review found that a significant number of women using Sharia councils had not civilly registered their religious marriages and therefore did not have access to a civil divorce in the usual way. (GOV.UK)

That can create significant vulnerability.

4. What About Muslim Marriages Conducted Abroad?

This is an area where considerable confusion exists.

A Muslim marriage conducted abroad is not automatically treated in the same way as an unregistered religious-only nikah conducted in England and Wales.

A marriage conducted overseas may be recognised as legally valid in the UK where it was lawful in the country in which it took place and would be allowed under UK law. GOV.UK also explains that foreign marriages are registered according to the law of the country where the marriage took place; they are not subsequently registered as UK marriages. (GOV.UK)

In other words, the fact that a marriage is Islamic does not by itself determine whether it is legally recognised in the UK.

The important questions include:

Was the marriage legally valid in the country where it took place?

Were the correct legal procedures followed?

Would the marriage be recognised under UK law?

The UK Government’s 2018 Sharia review specifically identified confusion over the fact that some Islamic marriages conducted overseas can be legally recognised, whereas the same type of religious-only ceremony conducted in England and Wales may not be legally recognised. (GOV.UK)

This distinction is crucial.

A couple who marry abroad through a legally recognised marriage system should retain their official marriage certificate and supporting documentation. They should also ensure they understand whether their particular marriage will be recognised under UK law.

Only a court can ultimately determine the validity of a particular marriage where there is a dispute.

5. The Vulnerability of a Religious-Only Marriage in England and Wales

The situation can be very different where a couple has only performed a religious nikah in England or Wales without entering into a legally recognised civil marriage.

A religious ceremony does not automatically create a civil marriage under English and Welsh law.

The 2018 review found that some Muslim couples had religious marriages without civil registration for a variety of reasons, including lack of awareness, financial concerns, the intention to register later, or a belief that the religious marriage was sufficient. (GOV.UK)

The consequences can be serious when a relationship breaks down.

A person without a legally recognised civil marriage may not have access to the ordinary matrimonial divorce and financial-remedy framework that applies to legally recognised marriages.

That does not mean the person has no legal rights whatsoever. Depending on the circumstances, other areas of law may still be relevant, including property ownership, trusts, children and protection from domestic abuse.

But the legal position can be substantially different from that of someone in a legally recognised marriage.

This is why couples should understand the legal status of their marriage before problems arise.

6. Representation: Who Is Hearing a Woman’s Case?

Financial issues are only part of the discussion.

Representation and the experience of women going through the process also matter.

The 2017 Guardian investigation reported examples of male-dominated panels, including one woman’s account of appearing before three male panel members and being asked:

“What did you do to provoke him?”

This was one individual’s account and should not be presented as representative of every Sharia council. Indeed, the same Guardian investigation also described positive experiences and councils with female participation. (The Guardian)

Nevertheless, the issue deserves serious consideration.

The 2018 Government review found very few women serving as panel members among the councils it examined. It also found evidence of inappropriate or unnecessary questioning, lengthy processes, inconsistent procedures and weaknesses in safeguarding. (GOV.UK)

At the same time, the review identified good practice, including councils with women panel members, safeguarding policies, reduced or waived fees for women unable to pay, signposting to civil remedies and cases where religious divorce was granted as a formality following civil divorce. (GOV.UK)

This is important.

The issue is not that every Sharia council is the same.

It is that there is significant variation between councils.

7. Safeguarding Must Be Central

Safeguarding becomes particularly important when allegations of domestic abuse, coercive control, forced marriage or other forms of vulnerability are involved.

The 2018 review found examples of inappropriate questioning, concerns about mediation, insufficient safeguarding policies in some councils and concerns about whether women experiencing violence were adequately protected during mediation processes. (GOV.UK)

The review also found that councils visited commonly offered some form of reconciliation process at the beginning of their work, although the report noted confusion between formal family mediation and what was effectively reconciliation counselling. (GOV.UK)

Reconciliation can have an important place where both parties genuinely wish to explore it and where it is safe.

But reconciliation should never become a mechanism that places a woman at greater risk.

Where there are allegations of domestic abuse or coercive control, safeguarding and risk assessment must come first.

Any process involving both parties should be carefully considered in light of the circumstances.

8. A Better Approach: Transparency, Representation and Accountability

The question is therefore not simply whether Sharia councils should exist.

The 2018 Government review concluded that Sharia councils fulfil a genuine need within some Muslim communities and that closing them was not considered a viable option. (GOV.UK)

The more constructive question is:

How can the service be strengthened?

Several areas deserve consideration.

1. Fairer and More Transparent Fees

Sharia councils could publish clear fee structures explaining:

• the cost of each type of application;
• what is included;
• whether additional charges can arise;
• hardship reductions or waivers;
• expected timescales; and
• the circumstances in which fees may be refunded.

Women should not be left guessing how much obtaining a religious divorce will cost.

2. Better Female Representation

Where appropriate, women seeking religious divorce should have access to female scholars or suitably trained female advisers.

This does not mean that male scholars cannot provide fair and compassionate decisions.

It means that greater representation can provide women with additional confidence that their experiences will be properly understood and heard.

3. Stronger Safeguarding

Councils should have clear safeguarding policies covering domestic abuse, coercive control, forced marriage, child protection and other vulnerabilities.

Anyone involved in the process should understand when reconciliation is inappropriate and when specialist professional support or civil legal intervention is required.

4. Clearer Procedures

Applicants should know:

• what evidence is required;
• what stages the process involves;
• how long each stage is expected to take;
• what happens if the husband does not respond;
• who makes the final religious determination; and
• whether there is a mechanism for requesting a review or making a complaint.

The 2018 review specifically identified inconsistency between councils as an area of concern. (GOV.UK)

5. Better Signposting to Civil Law

A religious divorce should never be presented as a substitute for civil legal advice where civil rights are involved.

The Government review identified inadequate signposting to civil legal options as one area of bad practice. (GOV.UK)

Women should understand the difference between:

religious dissolution,

civil divorce,

financial remedies,

child arrangements,

and protection from abuse.

These are not interchangeable processes.

9. Should There Be Greater Oversight?

The 2018 Independent Review itself proposed greater regulation and the development of a code of practice, although the recommendation was not unanimously supported by the entire review panel. The proposed approach included specialist family-law expertise alongside Sharia council representation. (GOV.UK)

Whatever one’s position on formal regulation, the principle behind greater transparency is worth considering.

If an institution provides an important religious service affecting people’s lives, there is a strong argument for:

• published standards;
• clear qualifications;
• safeguarding requirements;
• transparent fees;
• complaints procedures;
• consistent documentation;
• appropriate data protection;
• clear separation between religious and civil authority; and
• accessible information about civil legal rights.

This would not require changing Islamic jurisprudence.

It would mean improving the administration and governance of the service.

10. Protecting Women Begins Before the Marriage

There is also a wider lesson here.

The best time to think about these issues is not necessarily when a marriage has already broken down.

It is before the nikah.

Couples should understand:

• whether their marriage will be legally recognised;
• whether a civil marriage will also take place;
• the terms of the nikah contract;
• the mahr;
• each party’s financial expectations;
• rights and responsibilities within the marriage;
• what happens if the relationship breaks down; and
• where religious and civil legal advice can be obtained.

For couples marrying abroad, it is particularly important to understand the legal status of the marriage in the country where it takes place and how that marriage will be treated under UK law.

For couples marrying in England and Wales, they should not assume that an Islamic nikah automatically creates a legally recognised civil marriage.

Understanding these issues before marriage can prevent enormous difficulty later.

Conclusion: Reform Does Not Mean Rejection

Sharia councils exist because there is a genuine need among some Muslims for religious guidance and religious dissolution of marriage.

That need should not be dismissed.

Nor should the concerns raised by women who have experienced difficulties within the system be dismissed.

The evidence from the 2018 Independent Review demonstrates both sides: there are examples of good practice, but there were also concerns about fees, delays, inconsistent procedures, safeguarding, questioning, signposting and female representation. (GOV.UK)

The answer does not have to be choosing between supporting Sharia councils and supporting women.

It can be both.

We can recognise the important religious role these services provide while asking whether they can become more transparent, accessible, accountable and protective of women.

And perhaps the most important lesson is this:

A Muslim marriage should be entered with faith, knowledge and dignity — and, if it unfortunately ends, the process of leaving it should also be handled with justice, dignity and compassion.

So what do you think is the most urgent area for reform?

Fairer fees?

Better female representation?

Stronger safeguarding?

Greater accountability?

Or should the priority be ensuring that every Muslim marriage is legally protected from the outset?

That is a conversation worth having.