Civil Divorce
Question
one of my friend went to America few months ago and in order to get American nationality he decided to marry with American lady. For fulfil this purpose he had was asked to produce a writtten declaration that he had divorced his previous wife who was living in his home country.
he prepared a letter from his home country with having any intention of divorce to his previous wife. now he is very upset because someone told him even you had no intention of divorce to your previous wife but divorce has happened. could you please clarify this issue. with kind regards
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
You state… with having any intention of divorce.. you probably meant without any intention. Confirm this. Furthermore, what exactly was written on the document and did you refer to a civil divorse?
And Allah Ta’āla Knows Best
Immad Bin Arshad
Student Darul Iftaa
California, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net
- Answered by
- Immad Bin Arshad
- Checked & approved by
- Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/32197
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Is a civil (court) divorce a valid talaaq?
“1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.”
Ibn Masood · 70 fatawa from 6 Darul Iftas on this
What the Darul Iftas say