Fatwa: A Civil Divorce is not a valid Islamic Divorce
Shaikh (Dr) Haitham Al-Haddad
Jul 21
|00:00
Last Updated on Mon, 17 Jan 2011 01:19
The correct procedure for Islamic divorces or marriage dissolutions in non-Muslim countries is a significant topic that has been neglected by many Muslims in non-Muslim states. There are some fundamental details that many Muslims in the UK are unaware of, and as a result, we find many within the Muslim community falling prey to major misunderstandings. Many questions and cases presented to the Islamic Shari’ah Council (or fatwa line) are extremely shocking whereby Muslims fall into major sins and grave blunders due to their ignorance of the different rulings regarding marriage dissolution or divorce. The following points briefly illustrate the ways in which an Islamic marriage comes to an end. Ending a marriage in Islam can take place by one of three main methods:
- Talaq: This form of divorce is the sole right of the husband whereby he pronounces the word divorce, talaq or any other similar word (in any language) to establish a divorce. No one may deprive him of this right given that he has been awarded such a right by God. This right belongs only to the husband and moreover, he does not need the consent or approval of any one, including his wife. Therefore, a woman divorcing her husband is Islamically incorrect and is invalid as a female has no such recourse to such a right, although she may request the conclusion of the marriage through other means. Similarly, an Islamic judge cannot issue a divorce but he can (once being recognised as an Islamic judge) issue a faskh (marriage dissolution).
- Khul’: It is a divorce issued by the husband in exchange of money. It happens when the wife requests her husband to divorce her, but he refuses unless she returns her dowry. Again, it is the right of the husband and is conditional to his approval.
- Faskh; it is a marriage dissolution issued by a judge in response to a request by the wife and normally takes place against the will of the husband. However, the judge has to be appointed either by the leader of the Muslims, or by the Muslim community, or at least recognized as being an Islamic judge by the vast majority of the Muslim community. Merely being an imam neither suffices nor authorises him to dissolve marriages.
All of the Islamic (legal) schools of thoughts agree that the Islamic judge who implements Islamic law must be privy to certain requirements such as being a Muslim. In the Qur’an it is stated,
“And never will Allah grant to the disbelievers a way (to triumph) over the believers.”
It is not known that any scholar accepted a verdict issued by a non-Muslim (or non-Muslim body) on such issues. It seems that such a phenomenon is quite recent where some muftis and fatwa bodies have invented an opinion whereby the judgment of a non-Muslim judge is accepted. They attempt to justify this by claiming that being a citizen implies that you accept the law of land, and that any person who has accepted the citizenship of a country has appointed the non-Islamic judiciary to act on his behalf in dissolving his/her marriage. In response to these claims it should be initially noted that being a citizen of a state does not imply that a Muslim will accept all non-Islamic laws. Can Muslims accept non-Islamic inheritance law that prevails in western European non-Muslim countries? As for the claim that by accepting citizenship, the Muslim individual is delegating his right to divorce to the judiciary system of his country, then the response to this is such designation should be clear and explicit.
In conclusion, I would like to affirm that the divorce issued by the civil court in response to the wife’s request is neither a valid divorce nor legitimate marriage dissolution. This means that such a wife remains a wife and is not free to marry another man. Marrying another man while the original marriage is still in place is a violation of Islamic law and a crime. What is more dangerous than this is the fact that all children she gives birth to before obtaining a proper marriage dissolution may be considered to be of the first husband from whom she assumed she had been divorced.
Wives who face intolerable situations may seek marriage dissolution by a recognized body that is known and accepted in acting as a judiciary body for Muslims. No single imam or Mufti can do that by himself.
And Allah the Most High is most knowledgeable.
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Notes:
Source: www.islam21c.com editorial
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Muslim Revert Needing Divorced From Non-Believing Spouse
written by malaka, September 09, 2011
written by malaka, September 09, 2011
What about the muslim woman who is married to a non-believer? Must she divorce is Civil Court if she is not a citizen of a Muslim Country and her spouse is not citizen? Can she be divorced Islamically and remarry a Muslim or is she still married to the non-believer who refuses to give her a civil divorce? And what if he decides later (over one year later) to become Muslim is she still married if there was no civil divorce? Will the Islamic courts force her to remain married since there was never any civil divorce? What if she has since moved to Muslim country and wants to remarry a Muslim? Can she without the civil divorce? Can she still divorce and remarry another Muslim if he does Shahada one and a half years after she became Muslim? i need to know, as I face this problem now and want to remarry to a Muslim man who was always Muslim, but am being told that I am still married to the non-believer because there has been no civil divorce.
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Conflicting oppinions on Civil divorce
written by Kim, August 13, 2011
written by Kim, August 13, 2011
I was just told by a Sheik today that a civil divorce in the U.S.A.that was initiated by the husband means that we are no longer married Islamically either. This is disturbing to me because we have had marital relations after the civil divorce. I am confused now...which Sheik is right? Am I considered divorced or not Islamically.
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...
written by Sue, June 03, 2011
written by Sue, June 03, 2011
Its obvious civil divorce is not valid in islam. If you are forbidden to marry through the civil registry, how can it be permissible to divorce through one? I live in the west and it is disgusting how so many muslims try to gain leeway and take the easiest route out when some "difficulty" arises. Haram stuff becomes halal to them.
If a muslim wife is abused (like I was), she can do a civil divorce, only to get the husband out of the house and stop the abuse. But they are still husband and wife in Islam, only separated. She can also continue to get child or spouse maintenance, imposed by the civil court. Therein, she and her kids are protected.
In the event she wants to remarry, save some money and travel to a sharia court and file for a muslim divorce, and you can marry your new sweetheart there too. Yes, it is a little troublesome but this is your religion and worth the sacrifice for Allah's sake. If you can't afford it, just stay single and practice sabr and Allah will reward you surely.
If a muslim wife is abused (like I was), she can do a civil divorce, only to get the husband out of the house and stop the abuse. But they are still husband and wife in Islam, only separated. She can also continue to get child or spouse maintenance, imposed by the civil court. Therein, she and her kids are protected.
In the event she wants to remarry, save some money and travel to a sharia court and file for a muslim divorce, and you can marry your new sweetheart there too. Yes, it is a little troublesome but this is your religion and worth the sacrifice for Allah's sake. If you can't afford it, just stay single and practice sabr and Allah will reward you surely.
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No divorce until the husband decides?
written by Sister Kulsum, February 08, 2011
written by Sister Kulsum, February 08, 2011
Salam,
How is this fair? If a husband is violent and cruel and the wife wants to get out of the marriage, she can't leave until HE grants her leave?
How is this fair? If a husband is violent and cruel and the wife wants to get out of the marriage, she can't leave until HE grants her leave?
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related question
written by H.A.M.Y., July 25, 2010
written by H.A.M.Y., July 25, 2010
Salaams to all.
I hope you can shed some light on the following:
If a husband and wife (by Sharia'ah) are separate from one another, for whatever reason, for a very long time (ie over a year), do they need to reniew their nika before they can resume their marital relationship? I ask because I was told that a husband is not permitted to leave his wive (eg to work overseas) for longer than 3 or 4 months. I was not sure if this was just because it would not be very complimentory to a marriage or because it could in some way undermine the status of the marriage - in which case would they need to reneiw their nika?
Also, if a couple has been 'divorced' by civil (UK) law but not through any of the proper Shari'i methods mentioned in you article, and they have been celebate for more than two or three years, then one or the other wishes to re-marry (someone else), has the 'divorce' become shari'a recognised? Can it be recognised as a shari'i end of marriage in any other way or not? (Eg. if the wife wants the divorce, not the husband, so she gets it from local court not from shari'a court, and the husband does not contest it in local court, but does not give her divorce in Shari'i terms...)
Hope this is not too confusing - I just wanted to make it clear for when some people ask me to help them out, but I have no answer to thse two questions.
JazakalLaah Khair.
I hope you can shed some light on the following:
If a husband and wife (by Sharia'ah) are separate from one another, for whatever reason, for a very long time (ie over a year), do they need to reniew their nika before they can resume their marital relationship? I ask because I was told that a husband is not permitted to leave his wive (eg to work overseas) for longer than 3 or 4 months. I was not sure if this was just because it would not be very complimentory to a marriage or because it could in some way undermine the status of the marriage - in which case would they need to reneiw their nika?
Also, if a couple has been 'divorced' by civil (UK) law but not through any of the proper Shari'i methods mentioned in you article, and they have been celebate for more than two or three years, then one or the other wishes to re-marry (someone else), has the 'divorce' become shari'a recognised? Can it be recognised as a shari'i end of marriage in any other way or not? (Eg. if the wife wants the divorce, not the husband, so she gets it from local court not from shari'a court, and the husband does not contest it in local court, but does not give her divorce in Shari'i terms...)
Hope this is not too confusing - I just wanted to make it clear for when some people ask me to help them out, but I have no answer to thse two questions.
JazakalLaah Khair.
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Re: Patriarchal Fiqh
written by Mahmud Syed, July 25, 2010
written by Mahmud Syed, July 25, 2010
If we were really honest with ourselves, we would realise that we are all very much a product of our surroundings and society. If one fails to realise the obvious then before commenting on what is and what isn't patriarchal they should take off their tinted glasses and perhaps even just open their eyes.
Even Non-Muslims have pointed out the repercussions of the feminist movement whose guise was the empowerment of women (www.savethemales.ca - by a doctorate in Linguistics, Henry Makow). There are many books on the false empowerment of women and the actual destruction of the family cell from society.
If we believe and truly submit to the fact that Islam is a divine religion and the law and order instituted is from a Creator who knows us better than we know ourselves, then we should disregard our emotionally nurtured opinions for that which is agreed upon in our religion. The problem is then not with the religion and what our beloved Prophet came with but the problem is with our outlook on life and how society has nurtured us to interpret life.
(Sidepoint: I hope we find that perfect choice by Allah in sending all-male Prophets as not sexist! Indeed Allah is the Most Just and free from doing any injustices! Patriarchal, my foot! Grrr.)
It is time to wake up and express our 'freedom' through this deen, not sleep walk through life expressing how we are 'Free yet Dumb'.
Even Non-Muslims have pointed out the repercussions of the feminist movement whose guise was the empowerment of women (www.savethemales.ca - by a doctorate in Linguistics, Henry Makow). There are many books on the false empowerment of women and the actual destruction of the family cell from society.
If we believe and truly submit to the fact that Islam is a divine religion and the law and order instituted is from a Creator who knows us better than we know ourselves, then we should disregard our emotionally nurtured opinions for that which is agreed upon in our religion. The problem is then not with the religion and what our beloved Prophet came with but the problem is with our outlook on life and how society has nurtured us to interpret life.
(Sidepoint: I hope we find that perfect choice by Allah in sending all-male Prophets as not sexist! Indeed Allah is the Most Just and free from doing any injustices! Patriarchal, my foot! Grrr.)
It is time to wake up and express our 'freedom' through this deen, not sleep walk through life expressing how we are 'Free yet Dumb'.
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This is manifestly sexist and unjust.
written by Aaron Agassi, July 24, 2010
written by Aaron Agassi, July 24, 2010
This expectation is manifestly sexist and unjust, weighing heavily upon the enlightened hearts and minds of the righteous and compassionate. And so, by whatever legalistic rationale, circumstances and practice will change and improve. Thus has it ever been, thus may it ever be. Progress is a blessing.
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Patriarchal Fiqh
written by A.Z, July 24, 2010
written by A.Z, July 24, 2010
What are the accepted and known recognised bodies available for women who face intolerable situations in London and wider UK?
It's interesting how a man can initiate divorce and block divorce all by himself but a woman has to find a 'recognised body'. What if there IS no recognised body?
When the Prophet allowed a women to have Khula' there was no indication in the hadith that the man had to approve...
This reeks of patricarchal fiqh...
It's interesting how a man can initiate divorce and block divorce all by himself but a woman has to find a 'recognised body'. What if there IS no recognised body?
When the Prophet allowed a women to have Khula' there was no indication in the hadith that the man had to approve...
This reeks of patricarchal fiqh...
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Clarification
written by Abuz Zubair, July 24, 2010
written by Abuz Zubair, July 24, 2010
JazakumAllahu Khayran Shaykh Haytham for them. Just for clarification, surely a man requesting a civil divorce would be considered a valid Islamic divorce? If so, then perhaps the title should be changed to: A civil divorce without the consent of the husband is not a valid Islamic divorce?
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