Imam Sahib, I entered into Nikkah with a girl in Pakistan, arranged by my Parents. Her Parents promised Rukhsati once she arrives in US. I filed for her immigration papers. Once she arrived in US, her Father, who was already here, used various excuses to postpone Rukhsati for three years. A time period required for permanet status change in US. After this period, she filed for an Absolute Divorce, without saying anything to me, for the reasons that we have been living separately for one year; eventhough we have never lived toghter. Under the Laws of her State, North Carolina, she was granted this Divorce by North Carolina Court Judge(non-muslim). He stated that this is the Law of that State, and he must follow it. This however is not the Law of my State(New York). I have never given her a Divorce, verbally or otherwise. Is she Divorced under Islamic Laws. My Parents are Honest and Decent people. They never thought that any parents will get their daughter married for the Green Card. Please also advise the penalty for such acts under Islamic Laws. Shukria, Jazakallah Khair.
According to Shari’ah, the decree of divorce by the Judge of North Carolina
Court is not valid. Your Nikah is valid and she is your wife. However, in
view of the circumstances surrounding the matter, we advise you make
Istikhaara (seek Divine guidance) in divorcing her. Refer to Istikhaara on
this site.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.