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Fatwa: A Civil Divorce is not a valid Islamic Divorce

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:

  1. 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).
  2. 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.
  3. 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.

____________________________________________________

Notes:
Source: www.islam21c.com editorial

About Shaikh (Dr) Haitham Al-Haddad

Dr. Haitham al-Haddad is a jurist and serves as a judge for the Islamic Council of Europe. He has studied the Islamic sciences for over 20 years under the tutelage of renowned scholars such as the late Grand Mufti of Saudi Arabia as well as the retired Head of the Kingdom's Higher Judiciary Council. He specialises in many of the Islamic sciences and submitted his doctoral thesis on Islamic jurisprudence concerning Muslim minorities. Shaikh Haitham is highly respected having specialised knowledge in the field of fiqh, usul al-fiqh, maqasid al-shari'ah, ulum al-Qur’an, tafsir, aqidah, and fiqh al-hadith. He provides complex theories which address the role of Islamic jurisprudence within a western environment whilst also critically re-analysing the approach of Islamic jurists in forming legal rulings (ifta’) within a western socio-political context. He has many well known students most of whom are active in dawah and teaching in the West. The shaikh is an Islamic jurist (faqih) and as such is qualified to deliver verdicts as a judge under Islamic law, a role he undertakes at the Islamic Council of Europe as Islamic judge and treasurer. Dr Haitham al-Haddad also sits on various the boards of advisors for Islamic organisations, mainly in the United Kingdom but also around the world.

42 comments

  1. I had a Nikah when I was young and my parents still got me married to someone else. I have children too but now my first husband is claiming we are still married. I don’t know what to do? Is the father of my children a stranger to me?

  2. rani choudhury

    assalamualikum hrothers and sisters
    i have been married for 20 years and left my husband 2 years now. i have six children but i am going through court procedures to get my 4 children back to live with me. my husband gave me one talaq before last christmas and second one in march 2016 and third one after 2 weeks in march 2016. he gave me verbally as no one was at presence and i am in a relationship with someone else but ifs on hold until we do nikah. i am not sure how to get my ex partner to sign the paper and who to gwt witness to act on behalf of me. i dont want to be his wife anymore and i left him due to domestic violence whichbi suffered 20 years and u couldn’t live with him. my older two children decided to live with their dad.

  3. My husband give me divorce at once three time..I divorced now.. He said I gave him in anger but that time he said men apby uosh hwas men divorce dy rha hn..plz reply me I have any solution to protect my married life or not

  4. Rakiya Abdullah

    Salam,

    My husband and I have been separated for 18 months. When we married, he was a Muslim but shortly before we separated he became an agnostic. I asked an Imam here in Nigeria and was told that from the day he renounced Islam, our marriage was no longer valid. In January and February last year, he told his family that he no longer wanted the marriage. In fact he told his parents in my presence that he wanted a divorce.

    We were married both according to Islamic law and at the registry here. Since we separated, we have had no contact (no messages or calls). I am currently trying to follow the legal process to get the civil divorce but I want to know if his telling his parents and me that he wants a divorce without actually saying I divorce you suffices in Islam.

    Thank you

    • In your case sister, your marriage is not valid anymore since the moment he left islam and changed his faith, islamic rules said that a muslim woman cant marry a non muslim man, so whenever he decided to change his faith, his marriage with you as a muslim is broke and not valid anymore and you are free to go, your divorce here is given to you by god, all you can do is to fill for a civil divorce to be legally divorced wich does not mean that you are still married but just to get legal documents to prove this fact sice your divorce is based on faith and religious rules not secular laws.

      • Mr. Khamis
        11/04/2016

        Yes my husband found me on Tango at which at the time i had no idea can find just anyone on there cause my son downloaded it for me so i could see him and my grandson and my son wife cause they lived in another town. So this is how Mohamed found me . We talked on the phone about 2 months after that i agreed to meet him in person, and he was so nice and sweet and cooked super and all, he was living with some friends and he said he wanted out from there and then he pushed to get married and then he pushed to get his papers started for temporary resident . Now he does have 2 son’s there in egypt and i agree he should take care of them that is his sons, however he still takes care of their mom as well and they live better than i do. He has a civil divorce paper that he showed to the immigration but no sure if legit or what casue the name i see her and her sisters go by on facebook is no where to be found on the civil divorce paper. And he still takes care of her to this day one son is 15 years old and the other one is 11years old and their wedding picture is still in the home to this day and he friends with them on facebook all her sisters and cousins and nieces to this day. And he want make her go get job all he says is she don’t want to work that is his answer. So that being said i feel he still married to her but he says i am wrong i am his only wife. I love him so much but i have caught him in so many lies that not even funny. Oh his other lie he say is no one love the person in the begining that comes later in the marriage. So what you think of this or am i making to much out of it. or over thinking it???:????????

  5. Asalamoalaykom Doctor
    I m Moroccan married bad Moroccan woman I brought her over we have 7 years daughter didn’t see for one year due to her mum revenge
    We have been separated since 08/2012
    She refused to sign British divorce
    She refuse to attend 2 hearing for my daughter,s contacts
    Now I heard from our several friends knowing us when we were married they have told me that she got married in mosque to Jordanian old man for money
    My enquirers are:
    Can she married in mosque without submitting the divorce certificate from previous marriage ?
    Are Islam marriage do request the divorce if one of couple been married before?
    Can she get Islamic divorce without my presence or signature ?
    I believe that she faked the divorce!
    I believe she declare that she is not married!
    I believe that she commuted a fraud crime !
    Above all my question is
    How & who to contact to find out which mosque in London she got her Islamic marriage as she is still not divorce or she refused to sign the British divorce I have applied for on 08/2014
    Which Islamic organisation or council to provide if she submitted a fake divorce
    Finally I will take further to London Police to do their investigation on mosques & the Islamic marriage & divorce to check the data & I m sure they will find a lots of frauds happening in mosques in exchange of making money
    I heard some mosques do provides a lots of documents fur money such divorce & marriage
    In the law on marriage rules any organisation or Islamic centres should do their check on both couples like in uk marriage register office
    There are a lots of Muslims are playing with the law through the out Islam which very haram
    I will be waiting for your answer Doctor
    With full respect & kindness
    Asalamoakaykom
    Please do email me your reply
    Kinds

  6. Assalam o alaikum,

    My cousin Taha lives in Canada and his wife want it to help someone with immigration so she told him to sign on divorce papers this is just paper work even though he didn’t want it to sign she assisting that it’s only paper work and Taha loves her so much he believed her. He did sign the paper but not with intentions and he never said it by his tongue nor heart. Taha and his wife been married for 28 years and they have 4 children. My cousin Taha cries every day because he never give her divorce and she went to get married with other guy who she was helping. My question is, is she still in Taha nikhaa??? Please reply me back as soon as possible
    My cousin is really in bad condition

    Jazak Allah

  7. I’ve sent my wife warning of talaq through SMS like this:

    “I’m in full senses and I’m taking the decision to give you talaq”

    Now my question, is talaq happened or not?

    -SK

  8. Mohammed Bilal

    Salaam brother,

    My wife has obtained khula upon fake reasons in Pakistan. Since, I live out of country my aunt attended the court where judge issued her the divorce against my will.

    My question is: in fiqa is it valid (halal)?

    Jazakaallah.

  9. I cant reach my email so please if you can reply on the site it will help me. Internet cafes are my only way to get service. Im a american muslim of 36 yrs. I married a Libyan man 29 yrs ago and we lived in happiness for many years. We have together 5 children. After the revo we returned to his country to live and let him resume his obligations as a son to his parents. His youngest brother attended to them for the years that my husband was outside of his country 32 yrs. Sadly, life has changed for us greatly since we came. My husband returned to the usa to pack our belongings and ship them to his country and finish his work so he could collect a final salary pay. I remained here in Libya with the 5 kids aged 23-12 at the time. The 2 wks short of one year here our oldest son was killed in a car accident while on his way to work. My husband and second son were in the usa at the time since he had left 3 months after our arrival and never sent anything. He returned for the funeral and left again a month later saying he would renew packing. I remained here patiently with his family. After a year he still had not returned and although he was sending support as he could I NEEDED him here. I was tossed out shortly after by his younger brother saying that without my husband I could not reside in the FAMILY home. I found work and paid my own now for the past year and married our oldest daughter with little support from my husband. He had not spoken to me in over a year and refuses to return to his country or answer any calls from his family. I have lots of reasons but the main reason why i want a divorce is his refusal to return to care for his aging parents. I turned my faith back to a strong one living here while i saw him slip further away and also our children with him. Lots of mistakes were made by both of us. I have discussed this many times with his older half siblings and they agree with me that a divorce is my only option and he has not contacted me regarding my pleas to divorce. I want to move on with my life and although i am an older woman to hopefully remarry. I live with my daughter and her husband and i actually support the family at this time. Two of the children returned to the USA blaming life here as the cause of death for their brother. The youngest daughter is with me and she also wants to return to the usa. I have lost two of my kids to life there. I have seen my family fall apart. There is nothing left for us as a couple and i only feel resentment towards him. I do what i can to keep contact with his family but his father is dying aged 100+ and his mother is senile. I dont contact them since i was tossed out but i remain close to the family and the community. I work as a private tutor and provide my own income. I am desperate with the conditions here for legal matters and found your fatwa today and was disheartened that i now have to find such a judge but this city is very staunch and i will ask around. What is your advise in this matter, i cannot go back and he refuses to come?? I spoke to his brother and even offered the return of my dower which was a ring of simple value. I will check back in a few days to see if any reply has been posted. As i mentioned i cannot access my email account sadly. I have a problem with the password issue. Thank you and may allah guide us all.

  10. I wanted some info on that my wife left me and went to court for a divorce and it got granted to her but I did not want to but she has not got my concent to the divorce because I love her and we have a child together and it was mostly family issues which could of been solved so dose she need a Islamic one to or we are divorced from the UK court plz need help on this

  11. AslamoAlaikum

    Clarification and Suggestion

    My husband did divorce my in final by UK court law mention on paper (Husband Name is divorcing wife name(me)).That was happened on June 30th,2013

    Still people has made me confused even i have asked many imams and even UK Sharia council and I have told them that my ex husband was very adamant that we were divorced couple now.So i should not ask him to live with.Fine I did accept that divorce but I told people and my own family that we might be islamically husband and wife .

    As my ex husband is my first cousin as well ,so what he did he sent me one islamic divorce on 5/04/2014 .I mean after 9 months of Last UK divorce.I have asked him the reason for doing that foolish thing ,he replied to me that because I talk to the people I am still his Sharia wife so take it.

    But I stiil told him I am not his wife anymore because my iddah period has been passed a long time ago and I don’t want rubbish like that in my home anymore but inspite of stopping it,just to tease me he has sent another one islamic divorce on 5/05/14.After that I have told him if anything come into my home i will go to the police as this inappropriate behaviour and those divorces are not applying on me as I was not his wife anymore.

    He got married 6 months ago with a woman for whom he has left me to fulfil the wishes of his mother and sister.Now his wife does not want live with him because she is in love with other man .My ex husband cannot take all that and keep hurting by his wife.

    When he has heard that I have the intentions to remarry to another man very soon.Now he has asked me that he is interested in marrying to me.We can see a local Imam that what we can do to remarry again.

    It was quite shocking for me that silly guy who is the father of my daughter as well ……now wants to remarry me.

    He wants to give his second wife a divorce as well but he is not sure he can marry me or not?

    Can anyone please let me now can we remarry now or not??

    I am only considering him because of my daughter from him.Otherwise,the way he has treated for his mother and sister wishes are unbearable.

    JazakAllah

    • Dear Sister the only way to remarry your partner once you are divorce is that you(women) marry another man and then take divorce from him and after completing iddath period you can marry your first husband otherwise no other option. YOU NEED TO MARRY ANOTHER MAN AND SPEND SOME TIME WITH HIM!!!
      JazaakALLAH

    • Salaam sister under Islamic law did you read the niqa with your husband who wants to marry you again.? If so you are still married to him as he hasn’t issued you the third talak so in Islamic law you are still married to him and in allahs sights. May this guid you

  12. I want to use this medium to testify of how i got back my husband after divorce, I and my husband have been together for 5 years with my kids, last year he filed a divorce against me, i did all i could to stop him but all to no avail until a friend of mine told me about a spell caster on the internet who helps people regain back lost love, when i contacted this spell caster via email he helped me cast a re-union spell and my husband came back to me within 48hours and we are happily together again as one family. Contact this spell caster for your relationship or marriage problems via this email [email protected] Good luck

    • Spells are magic Which is “Haram” forbidden in Islam because you are seeking the help of Jinn rather than seeking the help from Allah. In addition, spells cause harm to both parties and should never be used.

  13. After being in relationship with him for 3 years,he broke up with me, I did everything possible to bring him back but all was in vain, I wanted him back so much because of the love I have for him, I begged him with everything, I made promises but he refused. I explained my problem to someone online and she suggested that I should rather contact a spell caster that could help me cast a spell to bring him back but I am the type that never believed in spell, I had no choice than to try it, I mailed the spell caster, and he told me there was no problem that everything will be okay before three days, that my ex will return to me before three days, he cast the spell and surprisingly in the second day, it was around 4pm. My ex called me, I was so surprised, I answered the call and all he said was that he was so sorry for everything that happened, that he wanted me to return to him, that he loves me so much. I was so happy and went to him, that was how we started living together happily again. Since then, I have made promise that anybody I know that have a relationship problem, I would be of help to such person by referring him or her to the only real and powerful spell caster who helped me with my own problem and who is different from all the other ones out there. Anybody could need the help of the spell caster, his email is [email protected] you can email him if you need his assistance in your relationship or any other problem.

  14. I have divorced my wife in the court a civil divorce five years ago I have never divorced her islamiclly .is this mean that we still maried

  15. Matilda Peters

    I just want to share my experience and testimony here.. I was married for 9 years to my husband and all of a sudden, another woman came into the picture.. he started hailing me and he was abusive..but I still loved him with all my heart and wanted him at all cost? then he filed for divorce..my whole life was turning apart and I didn’t know what to do..he moved out of the house and abandoned the kids.. so someone told me about trying spiritual means to get my husband back and introduced me to a spell caster? so I decided to try it reluctantly..although I didn’t believe in all those things? then when he did the special prayers and spell, after 2days, my husband came back and was pleading..he had realized his mistakes..i just couldn’t believe it.. anyways we are back together now and we are happy..in case anyone needs this man, his email address [deleted], his spells is for a better life. again his email is [deleted].

  16. Why does the writer or moderator not respond to all these questions people ask?

    • Actually islam does give women to seek divorce. You shouldn’t just believe everything you read or hear, you really should research and study the Quran yourself. If Islam did not give the right to women to seek divorce just as man has a right then it would be an injustice and impractical religion but it is a just and practical religion which teaches equality and moderation in all things. So again look into yourself to see what your rights are.

  17. Asslamu Alaikum,

    My Bhabi has taken divorce from court. In the lower court this case went for 5years through she got the khula.And the judgement came on Dec 31 2012. In the month of Januaray 2013 my brother went for an Appeal to the district court on this diviroce judgement.

    Came to know that In the month of feb 2013 my bhabi got re-married to an person. She hasn’t taken any kula or permission from the Khaji before re-marrying.

    She done the nikah based on the lower court judgement & also with out completing the IDDAT period.

    to my knowledge after divorce women IDDAT period is 3months. Which my bhabi has not completed still did her nikah with another person.

    Did her second nikah is valid ? If not please let me know the correct procedure to prove her second Nikah not valid.

    For the divorce she was person who approced the court. She never came to Khaji or approched him for Khula.

    Please guide us on this. Your help will save 4 famlies.

    Allah Hafiz

  18. Re-Married With Completing the IDDAT period & also not taken Khula From Khawji
    Asslamu Alaikum,

    My Bhabi has taken divorce from court. In the lower court this case went for 5years through she got the khula.And the judgement came on Dec 31 2012. In the month of Januaray 2013 my brother went for an Appeal to the district court on this diviroce judgement.

    Came to know that In the month of feb 2013 my bhabi got re-married to an person. She hasn’t taken any kula or permission from the Khaji before re-marrying.

    She done the nikah based on the lower court judgement & also with out completing the IDDAT period.

    to my knowledge after divorce women IDDAT period is 3months. Which my bhabi has not completed still did her nikah with another person.

    Did her second nikah is valid ? If not please let me know the correct procedure to prove her second Nikah not valid.

    For the divorce she was person who approced the court. She never came to Khaji or approched him for Khula.

    Please guide us on this. Your help will save 4 famlies.

    Allah Hafiz

  19. syed turab ali

    requesting for clarefaction
    requesting for clarefaction of my douts about my married life past 4years my wife was in her parents home she not meet she not call by phone and i never seen her face etc

  20. syed turab ali

    requesting for clarefaction of my douts about my married life past 4years my wife was in her parents home she not meet she not call by phone and i never seen her face etc
    if i meet her now its gome haram or hallal i need ur fathwa details rgds this issue

    thanks bst rgds

  21. You are mentally ill Shaikh (Dr) Haitham Al-Haddad
    This is like evil fascists speaking. Sharia will destroy the world. Sharia is not suitable for humans.

  22. sohail siddiqui

    Are you registering marriage in the non Muslim government body for any reason??
    If you are registering it doesn’t mean you are accepting them an judicial authority on you?? I think you should be accepting their authority on you on getting divorce, with valid reason like abusive marriage.

    After getting married, do husband has complete authority over wife to do whatever he like and treat her as his slave?
    If wife need divorce for what ever reason do husband has authority to refuse, what prophet Muhammad SAW says about that???

    I think person agrees with that article has no moral right to live in western countries to enjoy the benefits and took shelter in Islam for his/her wrong actions.

  23. Court Divorce
    Assalamualaikum wrwb

    I need this question to be answered by shaikh (Dr)hattham al-haddad. If a woman takes the permission in writing from her wali to divorce her husband and after acquiring it, sends an sms writing “I divorce you” to her husband, and sends the sms to two witnesses, one outside the country and one locally, but was not present with the woman when she send that sms, is she and her husband divorced from one another? Later on the husband approaches the civil court and files a petition for conjugal rights against the wife asking the court to order the woman to return to him and stay with him, but later when the two meet, He agreed in front of the court to let her go assuming that they are islamically divorced and also thinking about her future and the petition ends in a compromise, i.e. mutual consent? are they divorced? Please answer for the sake of Allah, as they have been staying separated since the last 5 years and they wish to be together now. They have a 5 year old son. Please please reply.

  24. Muslim Revert Needing Divorced From Non-Believing Spouse
    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.

  25. Muslim Revert Needing Divorced From Non-Believing Spouse
    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.

  26. Conflicting oppinions on Civil divorce
    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.

  27. 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.

  28. Sister Kulsum

    No divorce until the husband decides?
    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?

  29. related question
    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.

  30. Re: Patriarchal Fiqh
    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’.

  31. This is manifestly sexist and unjust.
    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.

  32. Patriarchal Fiqh
    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…

  33. Clarification
    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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