Question:
As-salaam Alaykum. I got married under English law but have not done the nikah; is this still recognized in Islam?
The reason I ask this is that he became abusive, and I want to get a divorce. I can push through a legal divorce; however, he states that as we are also married in the eyes of Islam, due to us having the intention to get married in front of two witnesses, we are also married Islamically, and he refuses to divorce me Islamically.
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
The Conditions of a Nikah
Your civil marriage could have been a valid nikah, depending on the way the ceremony was conducted. A nikah has an offer and an acceptance which are to be made in the presence of two male – or one male and two female – witnesses. (Mawsili, al-Mukhtar)
There are a few details which also need to be present. It would be best to discuss the ceremony with a reliable local scholar to get his feedback.
A Civil Divorce is Also a Shar’i Divorce
If you pursue a divorce through the courts, your husband will eventually sign a document that gives his clear consent for the court to issue a divorce. In essence, he would be tasking the court to issue a divorce on his behalf, and the signing of this would entail a divorce in the Shari’a. (Ibn ‘Abidin, Radd al Muhtar)
As I said, it is best to consult with a local scholar on this issue. This is very important to ensure things are done validly: ”Ask those of the Remembrance if you do not know.” (Qur’an, 16:43)
May Allah facilitate all matters for you.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani