The right of women to no-fault divorce in Islam and its application by British Muslims

One of the forms of divorce mentioned in the original sources of Islam, the Qur'an and the Sunna, is no-fault divorce initiated by women, called in Arabic khul^c . This article discusses its validity in Islamic law, the degree of entitlement women have to it and its effects in dissolving the marriage. The discussion will include the attitudes towards khul^c in the modern reforms in the family laws of Muslim countries. Most of this modern legislation has been associated with furious debates and objections from both traditionalists and liberals. The article will attempt to assess the social impact of these new regulations of khul^c . It then turns to discuss the application of no-fault divorce among Muslim minorities in the West with special reference to British Muslims. It seems to be widely used unofficially to ease the problem of ‘limping marriage’ experienced by Muslim women as a result of subjection to two jurisdictions, i.e. English and Islamic laws.