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Lady Writing Divorced

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: I am a lady who got married a second time. I had been divorced from my first marriage. At the time of my second marriage my marital status was divorced. I continued writing divorced in marital status when completing certain forms, despite getting married again. I am aware that divorce is given by husband. I couldn’t declare my second marriage on certain forms due to certain circumstances so continued with my previous divorced marital status. But now I have corrected the forms and as I am married and have now wrote married in marital status. My question is does just writing divorced in my marital status make me a divorcee? Am I still married as my husband never gave me divorce? I just continued my previous status of divorced due to some problems with forms. Please advise me.

A. You are quite correct that divorce is only issued by the husband. Writing ‘divorced’ on documents even after the second marriage has no effect on your marriage. You are still married to your second husband.

Moulana Yusuf Laher
Checked by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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