Court issuing a divorce without the consent of the husband

Answered according to Hanafi Fiqh by

Q: My wife was divorced from her ex Husband. When she filed the divorce in America, her ex husband left for Pakistan and he never showed up in the court or Islamically gave her divorce or signed any paper. But the court in America awarded her the divorce and then she got married to me. In Islam did her previous divorce happen. Because after 2 years from the court order she got married to me. So I need to know if our nikah was valid?


A: When the court had issued a divorce without the consent of the husband, this type of a divorce is not recognised. The woman will still be in the marriage of the previous husband.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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