IslamQA

Does a Civil Court Divorce Counts?

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Maruf Ahmed​

Question

The divorce occurred between me and my husband through a civil court. A few years later I married again. Now my 1st husband saying I never divorced you, it was the court who decided divorce not me at all. Is civil court’s divorce valid in Islam? Is my 2nd marriage valid? Please let me know.



بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


 


In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If your husband signed the divorce petition knowing that it is a request for divorce, and by signing it he is effectively consenting that the divorce is issued, this would be a valid divorce in Islam.

For a more detailed explanation, please read the following:

http://daruliftabirmingham.co.uk/is-a-decree-absolute-considered-to-be-an-islamic-divorce/

Only Allah knows best.

Written by Maulana Maruf Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

                          

[1] Ibn Abideen: Radd al-Muhtar, vol. 1 pg. 361, Dar al-Kutub Al-Ilmiyyah, Beirut

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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