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Do I need to wait 3 months to get married again even though we have not seen each other for 4 years?

Answered according to Hanafi Fiqh by Askimam.org

Dear Imam, A man who I was married to gave me an English divorce 4 years ago and separated from me, recently someone told him that we were still married islamically so he contacted me and divorced me islamically as well. Between the time of the English divorce and the Islamic divorce we both thought that we were divorced properly, I have not seen him or had contact with him physically, he has not given me any money for maintainence and we have lived in separate towns.

Answer

If during the proceedings of the ‘English Divorce’ your husband uttered or
wrote any statement that clearly states that he has divorced you, then such
a divorce will also be recognised in the Shari’ah.

If there was no such statement, then divorce has not taken place.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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