Is Written Paperwork Required to Confirm Shar’i Talaaq?

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Maulana Muddasser Dhedhy​

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Question


 


I have a few questions regarding Talaaq. My husband has given me one talaaq and is in the process of divorcing me by British law. He has refused to give me the further two talaaq and has said that a divorce absolute through the British Law will automatically mean a talaaq by sharia law. He has quoted a reference from your website.


Is this true? Also, if he does not take back the one talaaq, will the talaaq be complete at the end of the three month idda period? Also, will I need any written paperwork confirming the talaaq? Is there a registry of nikkahs and talaqs? How does one prove their Shar’i marital status?


 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


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


 


Answer


A civil divorce will constitute a Shari’ talaaq if the husband does intend by it a Shari’ talaaq.[1]


If your husband has given you one sareeh talaaq (i.e. using words that only refer to talaaq), if three menstrual cycles pass or three months (depending on whether you experience menses or not) without him doing ruju (i.e. wanting to return back to you) an irrevocable divorce will come into place.


Once talaaq has been given it is not possible to take it back in such a way that it becomes as if it was never given. The only option is to for him to do ruju but that does not reset the number of talaaqs.[2]


So if your husband intends for the civil divorce to count as the Shari talaaq then it will and if your iddah (waiting period) passes without him doing ruju then you will be irrevocably divorced.


An Islamic marriage or shari’ talaaq does not require any particular paperwork.[3] Usually, a marriage celebrant registers marriages in a national marriage registry for records etc. Such a registry may be used to prove one’s marriage legally. However, from the Shariah’s perspective, Nikah has taken place when the offer of marriage, the acceptance of marriage, witnesses and dowry are all present. The Shariah does not take into consideration whether the Nikah was recorded in a particular registry or not.    


 


Only Allah Ta’ala knows best


Written by Maulana Muddasser Dhedhy


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


 


 


 



[1] جديد فقهي مسائل ج 1 ص 300-301. زمزم ببلشرز


بحوث في قضايا فقهية معاصرة ج 2 ص 173-175. وزارة الأوقاف و الشؤون الإسلامية


[2] فتاوى محمودية ج 12 ص 144-145. دار الافتاء جامعة فاروقية كراجي


فتاوى عثماني ج 2 ص 345. مكتبه معارف القرآن كراجي


[3] فتاوى عثماني ج 2 ص 316-317. مكتبه معارف القرآن كراجي


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