Issuing a divorce in court to dissolve a COP marriage

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Unfortunately we grew up in a time when our Islamic knowledge was very limited, hence it lead to a lot of mistakes and sins that we have committed. One being in question is that when we got married we followed the kaafir law of COP not realising and understanding the concept. Today it brings up alot of complications. Living in our country it is very difficult. People have advised us that the only way to rectify this is through an English divorce at the court. I am very afraid of this as the law of talaaq is not a simple issue and I don’t want to live in sin and regret. Can Mufti Saheb please advise me on this.

Bismillaah

A: If your husband issues the talaaq in the court, the talaaq will be valid. He will be able to take you back in his nikaah before the termination of the iddat and thereafter he will only have two talaaqs remaining. We do not advise your husband to divorce you for such reasons. The alternative is that you and your husband make it known to your family members and heirs that you both do not subscribe to this kaafir system and that you both adhere to the law of Shari’ah (i.e. each spouse be the owner of his/her wealth and the other will not have any right in it). Similarly,  you both should inform the heirs that upon your demise, the estate should be wound and distributed among the heirs according to Islamic law. You should also draw up an Islamic will wherein you clearly state this so that after your demise there is no misunderstanding and confusion created amongst the heirs.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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