Civil Divorce

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Brother in Islam,

It is very pleasing to note your sensitivity towards Deen which is sign of your Imaan. Furthermore it is good to note that you and your wife have reconciled. May Allah Taala keep you happy and guide you towards the straight path.Ameen.

Your understanding is correct. The verdict of divorce given by the judge of a civil court, can only be regarded as a civil divorce and not a Shar’ī talaaq. The judge has been appointed by the country to issue verdicts in accordance to the law of the country and not in accordance to the laws of Sharī’ah. It is incorrect to say that the judge acts as a representative (wakeel) on behalf of the husband in issuing the divorce, as the judge does not issue the divorce on the request of the husband but gives his verdict of divorce in compliance with the law of the country. At times he may have to issue a verdict of divorce in accordance to the law of the country, even though his heart desires otherwise.

Therefore, the mere verdict of a judge of a civil court cannot be regarded as a Shar’ī talaaq. However, the husband’s filing for divorce or signing on the papers of divorce can be regarded as a Shar’ī divorce only if he intends a Shar’ī divorce. If he intends to follow the civil divorce procedure and not to issue a Shar’ī talaaq, he should make two people his witness of his intention. This is merely a precaution to avoid accusation of a Shar’ī divorce against him.

In your case, you mentioned that the civil divorce was finalised because you were under pressure and you had no intention of a Shar’ī talaaq. Hence, in your situation, a Shar’ī talaaq did not take place and your nikah still remains intact.

And Allah Ta’āla Knows Best

Ismail Dawoodjee

Student Darul Iftaa
Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net