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Is State divorce the same as Talaq?

Answered according to Hanafi Fiqh by Askimam.org

Me and my wife have been divorced by a state judge in USA, but my ex wife wants to keep bodily relations with me. In Islam are we divorced or do I need to utter the word Talaq three times to her?, also have we been comitting sin since we had relations after the court divorce?

Answer

If the husband instituted divorce through court and it was granted, it will
be regarded as only one Talaaq-e-Raj’ee (revocable divorce). The husband can
revoke the divorce within the Iddat period.

If he did not revoke it, the Talaaq will be changed to Talaaq-e-Baain
(irrevocable divorce). In such a situation, a reperformance of Nikah will be
necessary. If the wife instituted the divorce through Court, it will not
constitute Talaaq.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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