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Intention in Civil Divorce

Answered according to Hanafi Fiqh by Askimam.org

 I have a friend who got married at 15 years old in Pakistan to her first cousin. When they both returned to the uk, they registered her marriage again in uk. After 13 years, they both divorced due to him cheating behind her back. Considering the two got divorce in uk through uk courts, is the divorce acceptable? What happens to their Pakistan nikkah? Both don’t seems bothered, as they both have moved on and remarried again?

Answer

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

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

If the husband also intended to issue your friend a Talāq (Islamic divorce) in the civil divorce procedure then only the Nikah performed in Pakistan will terminate. If her husband did not intend to give her a Talāq in the civil divorce procedure, then the civil divorce will not be regarded as a Talāq in Shariah and accordingly the Nikah performed in Pakistan remains valid. The second Nikah will be invalid.

For more information regarding the civil divorce procedure, proceed to the following link:

http://www.askimam.org/public/question_detail/32419

And Allah Ta’āla Knows Best

Saleem Khan

Student Darul Iftaa
Bradford, England

Checked and Approved by,
Mufti Ebrahim Desai.

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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