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  I live in USA. I have a question regarding civil divorce. My wife left my house with our 6 month old baby and wont come back. She moved to a different city but I dont know where exactly she is living right now. I tried multiple times to reconcile and asked her over the phone to come back but she refused and she wants to go back to our home country Pakistan. Even my parents tried to talk to her parents back home in Pakistan but her father humiliated and insulted my parents and refused to do any reconcilation unless I go back to Pakistan. Her family is very rich and influential and if I go to Pakistan, they will never let me see my child and probably even get me arrested on false charges. I dont want to give her tallaq as it will not be good for our child. I want her to come back but she wont. I am planning to file a civil divorce in the court and serve her a notice so that she is forced to come back to my city. And then I can talk to her and reconcile and bring back home, because that will be in the best interest of our child.I have no intention however to give a complete divorce yet, I only want to file a divorce so that se leaves her arrogance and think about reconciling with me. So my question is if I file for a dicorve and serve her a notice to come to court, will it be considered a full divorce Islamically? Once she comes here and after we have worked out our differences I am planning to take back the case. please let me know in light of Shairah.

Answered according to Hanafi Fiqh by Askimam.org

I live in USA. I have a question regarding civil divorce. My wife left my house with our 6 month old baby and wont come back. She moved to a different city but I dont know where exactly she is living right now. I tried multiple times to reconcile and asked her over the phone to come back but she refused and she wants to go back to our home country Pakistan. Even my parents tried to talk to her parents back home in Pakistan but her father humiliated and insulted my parents and refused to do any reconcilation unless I go back to Pakistan. Her family is very rich and influential and if I go to Pakistan, they will never let me see my child and probably even get me arrested on false charges.

I dont want to give her tallaq as it will not be good for our child. I want her to come back but she wont. I am planning to file a civil divorce in the court and serve her a notice so that she is forced to come back to my city. And then I can talk to her and reconcile and bring back home, because that will be in the best interest of our child.
I have no intention however to give a complete divorce yet, I only want to file a divorce so that se leaves her arrogance and think about reconciling with me. So my question is if I file for a dicorve and serve her a notice to come to court, will it be considered a full divorce Islamically? Once she comes here and after we have worked out our differences I am planning to take back the case. please let me know in light of Shairah.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. 

In order for us to answer your query, explain what filing for the divorce entails. Will you be required to issue a divorce?  You may forward the details of the procedure to [email protected]

You should also consider the implications of the civil divorce against her as that may aggravate even further, thus defeating any hope of reconciliation. 

And Allah Ta’āla Knows Best

Arshad Ali

Student Darul Iftaa
Trinidad

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.daruliftaa.net/

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

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