Deo Volente Solicitors are able to provide expert specialist advice in relation to a range Shari’a compliant legal services, which include:
Islamic financial settlement
Islamic marriage guidance
Islamic tax planning
Deo Volente Solicitors work closely with the Shari’a Council and leading scholars in order to achieve the right and fair result for you, whilst observing the rules laid out in the Shari’a. All of our Islamic services are approved by authoritative bodies and are in line with the Shari’a teachings in Islam. We will ensure that every case that we work on is compliant with both Shari’a and British law.
Nikkah-e-Namah – Islamic marriage contract
Talaq – Divorce – (When a man gives a woman a divorce)
Khulla – Divorce – (When a woman applies for a Divorce and the man agrees)
Idaat – Period of waiting time
The Islamic right to divorce is given to both men and women however due to the financial responsibilities on the husband the responsibility to pronounce the ‘talaq’ lies with the husband.
In the unfortunate event of a potential marriage breakdown, efforts must be sought in order to mediate and to see if there are any prospect of success in mediation between husband and wife. If such efforts fail then a husband may verbally pronounce the talaq or this may be done in writing providing that there are two witnesses present.
The wife has to adhere to the 3 month idaat period before the marriage is officially over. This is a period of time whereby the wife cannot marry another man and its purpose is to determine if any children are conceived within this time and who the father of that child may be.
When the husband has pronounced the talaq on 3 separate occasions he cannot remarry his wife.
Here at Deo Volente Solicitors we will support you through every stage of this painful process in an attempt to make it as stress free as we possibly can.
We have strong links with the Islamic Shari’a Council of Britain and are able to work on any case effectively and efficiently in order to provide an excellent for you. We understand how stressful these times can be for any individual, here at DV Solicitors we have a specialist team who can alleviate any stress or difficulty you may be experiencing at this testing period in your life.
What is Talaq?
Due to the financial responsibilities which he has to bear, the right to divorce in Islam is primarily given to the husband.If the man sincerely thinks he cannot live a harmonious life with his wife, he may divorce her either verbally or in writing. In both cases, it is recommended for there to be two witnesses present on the occasion of the pronouncement of such a divorce.
A man should (a) divorce only once and (b) only during the time when his wife is not on her menses and (c) there has been no sexual contact with her since the time of her last menses.
After a divorce is pronounced by a husband, his wife must wait for a given period (‘iddat’). During this period, the wife is allowed to stay in the same house, but they can not have sexual relation amongst them.The man is allowed to take her back either verbally saying “I TAKE YOU BACK“, or physically, by having intimate relation with her. If after this waiting period, the husband fails to take his wife back, then the wife is completely divorced, and must leave the matrimonial home immediately. It is also recommended to have two witnesses present in the case, where the husband decides to take back (‘ruju’) his wife, before the end of the iddat. Where a man has pronounced three divorces, on three different occasions, he can neither take back his former wife, nor remarry her.
What is Khula?
The situation in which the wife initiates divorce proceedings is known as Khul’a. Once the husband agrees to divorce her in exchange for the dower, the divorce is known as Talaq. It is as valid as the Talaq given by the man of his own initiative. Khul’a depends upon the agreement reached between the two parties. If the husband agrees to give Talaq provided that his wife either abandons her right to the dower (if the dower has not yet been paid) or returns back the amount of the dower to the husband (if the dowry has been paid).
In the time of the Prophet Muhammad (peace be upon him), the wife of Thabit bin Qais asked her to return back to him the garden he gave her at the time of marriage as dower. She accepted this demand and got the Talaq.
Once the husband agrees to Khul’a, he is asked to pronounce Talaq in exchange for the above mentioned.
The importance of an Islamic will (wasiyya) is clear from the following hadith:
“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it.” (Sahih al-Bukhari)
“A man may do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the fire. If, a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the garden.” (Ahmad and Ibn Majah).
As Muslims we have accepted that someday we will have to endure the anguish and heartache of losing a loved one. There is much more emphasis placed on funeral arrangements and less so on ensuring the assets of the deceased are distributed amongst the family according to the Quran and authentic hadith. This is a fardh (obligation) upon all Muslims to ensure that a will is in place. Here at Deo Volente, we can help to ensure that your estate is distributed fairly and most importantly, according to the Quranic teachings, in order to avoid conflict amongst family and potential creditors.
No specific wording is necessary for making a will and what will come as even more a shock is that an oral will suffice under Sharia law. For the sake of completeness, peace of mind and clarity, we will draft a written will for you, alleviating any doubts or concerns you may have about your estate.
The Testator, also known as Al-Musi, is the person making the will. The Testator must must have legal capacity. An adult for these purposes is someone who has reached puberty. Under English law you must be at least 18 years of age.
The power of the testator is restricted in 2 ways;
The testator cannot bequest more one third of his net estate, unless the heirs consent to the bequest or there are no legal heirs at all.
It was narrated by Sa’d Ibn Abi Waqqas (RA): “I was stricken by an ailment that led me to the verge of death. The prophet came to pay me a visit. I said, “O Allah’s Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?” He said, “No.” I said, “Half of it?” He said, “No.” I said, “One third of it?” He said, “You may do so, though one-third is also too much, for it is better for you to leave your offspring wealthy than to leave them poor, asking others for help.” (Sahih al-Bukhair, Sahih Muslim, Muwatta, Tirmidhi and Ibn Majah)
The testator cannot make a bequest in favour of his legal heir
The assets of the deceased should be distributed in the following order of priority (according to the Quranic teachings):
Funeral expenses – All funeral expenses should paid in full.
Debts – Any outstanding debts must be repaid in full
Bequests (Wasiyyah) – Any bequest should be honoured as long as it does not exceed one third of the value of the remaining net assets and the recipient of the bequest is not a legal heir to the obligatory two thirds
The remaining assets should be distributed according to Quranic teachings.
Ibn Umar reported that the Messenger of Allah (PBUH) said; “It is the the duty of a Muslim who has anything to bequeath not to let two nights pass without including it in his will.” (Sahih al-Bukhari),
It is imperative that the procedures set out in the Quran are followed in order to ensure correct distribution of ones assets. One common factor which is often forgotten by many is ones obligation to Allah (swt) such as; unpaid zakah (charity), mahr (bridal money) and kafarah (compensation for unpaid acts of worship).
Any Muslim may leave a gift of up to one third of the remainder to anyone not entitled to a fixed share under Islamic law e.g. to a charity or other individual i.e. non-believer, adopted, step or illegitimate children. If no gifts are left, then the entire estate shall be distributed in fixed shares as prescribed in the Quran, where certain fixed shares pass to certain family members.
Many Muslims choose to make an on-going charitable donation to charity as a means of ensuring good deeds which will ultimately benefit them in the hereafter (sadaqah jariyah).
Table of residuaries in order of succession - Sunni Law
1. Son (daughter takes as a residuary with the son, the son taking a double portion)
1. Son's Son h.l.s
the nearer in degree excluding the more remote. Two or more son's sons inherit equal shares. Son's daughter h.l.s takes as a residuary with an equal son's son. If there be no equal son's son, but there is a lower son's son, she takes a residuary with him, provided she cannot inherit as a sharer. In either case, each son's son h.l.s takes double the share of each son's daughter h.ls.
Note: when the son's daughter h.l.s becomes a residuary with a lower son's son, and there are son's daughters h.l.s equal in degree with the lower son's son, she shares equally with them, as if they were all of the same grade.
True grandfather h.l.s - nearer in degree excluding the more remote
III. DESCENDANTS OF FATHER
Full sister – takes a residuary with a full brother, the brother taking a double portion.
In default of a full brother and the other residuaries above-names, the full sister takes the residue if any, if there be (1) a daughter or daughters, or (2) a son’s daughter or daughter h.l.s, or even if there be (3) one daughter and a son’s daughter or daughters h.l.s
Consanguine sister – takes a residuary with consanguine brother, the brother, taking a double portion.
In default of consanguine brother and the other residuaries above-named, the consanguine sister takes the residue, if any, if there be (1) a daughter or daughters, or (2) a son’s daughter or daughters h.l.s. or even if there be (3) one daughter and a son’s daughter or daughters h.l.s.
Full brother's son
Consanguine brother's son
Full brother's son's son
Consanguine brother's son's son
Then come remoter male descendants of No. 11 and No. 12, that is the son of No.11, then the son of No.12 the then son’s son of No. 11, and the son’s son of No. 12 and so in like order.
IV. DESCENDANTS OF TRUE GRANDFATHER
Full paternal uncle
Consanguine paternal uncle
Full paternal uncle's son
Consanguine paternal uncle's son
Full paternal uncle's son's son
Consanguine paternal uncle's son's son
Then come remoter male descendants of No.’s 17 and 18, in like order and manner as descendants of No.’s 11 and 12.
Male descendants of more remote true grandfather's
In like order and manner as the deceased’s paternal uncles and their sons and son’s sons