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Matter on divorce and remarriage to my spouse

Answered according to Hanafi Fiqh by DarulUloomTT.net

Asalamu Alaikum, My husband and I got divorced before a Muslim Divorce Council. We are officially divorced according to the law of Trinidad and Tobago, however we never said our Talaaq before anyone. By any chance is there a possibility under Islam that we can still be considered married? I ask this question since we would like to get back together. Neither of us has been in any other relationship since the divorce.

Wa Alaikum Assalaam,

الجواب و بالله التوفيق

Based on what you have asked about, the following is the answer with respect to the different situations which could have occurred:

If your husband initiated the divorce as the Petitioner for the dissolution of the marriage and signed the affidavit, then the marriage between both of you has been annulled and you are not considered to be married. With this, one irrevocable divorce has occurred. Similarly, if you were the Petitioner and your husband had signed the divorce paper, thereby consenting to annul the marriage as the Respondent, then one irrevocable divorce has occurred.

In both cases, although your husband did not say Talaq to you, his signature showed his consent to annul the marriage.

If both of you wish to get back together as husband and wife, then you will need to remarry each other. This means that the expressed consent and acceptance from both of you will be needed; two witnesses must be present; your husband must give you a Mahr (dowry); and someone need to perform the Nikah. (Shami Vol. 2, Pg. 429 – Kitabul Fatawa Vol.5, Pgs. 80-81; Fatawa Mahmoodiya Vol. 12, Pg.612).

And Allah Knows Best.

Mufti Waseem Khan.

27/06/16.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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