Issuing a talaaq for legal reasons
Question
My sister got married and after few months her husband ran away to a neighbouring country for some political reason. She was pregnant and got a baby. After two years waiting, he couldn't come back but the only way was she has to follow him. But because she is the wife of that man, the country's law doesn't allow her to leave anywhere unless she is divorced from him so they made an agreement and he sent her a divorce letter. The question is, is their marriage accepted or not?
Answer
If it was just one divorce and he revoked it within the iddat then the marriage is valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/24483
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-24483
People also ask
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