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getting a divorce by english law.

This is a discussion on getting a divorce by english law. within the Fiqh and its Application forums, part of the Main Topics category; Does getting divorced in the english law ie, through the british system equate to getting divorced entirely, or can you ...

  1. #1
    muslim female nomad's Avatar
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    Default getting a divorce by english law.

    Does getting divorced in the english law ie, through the british system equate to getting divorced entirely, or can you still be married islamically.

    thanks for any info.

  2. #2
    Abu Peanut Scented Blood's Avatar
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    Default Re: getting a divorce by english law.

    Funny thing is i was looking up something similar

    Islam Question and Answer - Documenting divorce in a civil, non-Islamic court



    Narrated by Ibn Abbas.
    While I was standing amongst the people who were invoking Allah for Umar bin Al-Khattab who was lying (dead) on his bed, a man behind me rested his elbows on my shoulders and said:
    '(O Umar!) May Allah bestow His Mercy on you. I always hoped that Allah will keep you with your two companions, for I often heard Allah's Messenger (sallahu alyhi wa salam) saying, ' I, Abu Bakr and Umar were (somewhere). I, Abu Bakr and Umar set out.'
    So I hoped that Allah will keep you with both of them.'
    I turned back to see the speaker was Ali bin Abi Talib.

    {Bukhari}

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    Default Re: getting a divorce by english law.

    Not according to the majority. However, if the husband ordered his lawyer to give his wife a divorce, even if the lawyer is an unbeliever or a woman, it will constitute a divorce. Same when he signs the divorce papers.

    In my experience the husband unknowingly often divorces himself when he is already living divorced or a divorce through court has been occured. When for example he is asked whether he is divorced or not, he explicitly says yes, which is a divorce.

    According the Qaradawis European council and Faysal Mawlawi a separation by a non-Muslim court is valid, even if the husband disagrees and did not sign anything. They come with the crazy reasoning that when a couple has registered a marriage, it is indirectly an act of delegating the right to divorce to the kaafir judge. So if he decides to separate you, you end up being divorced irrevocably.

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    Formerly Umm Raiyah
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    Default Re: getting a divorce by english law.

    The Islamic divorce comes first?

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    Default Re: getting a divorce by english law.

    This is a more detailed answer:

    nd to summarize, it says No Kaffir Can Issue a Divorce for a Muslimah, because Islam is a Condition for the Wilayah, and No Kaffir has a Wilayah upon a Muslim.

    So, if the Husband signed the papers without intending to Divorce his wife, but the Man-Made Law and the Court made him to sign, then his wife, will remain his wife, as this is a Ruling from Shari'ah.[End of Summary]

    But you may need to ask a Sheikh about your specific situation, you're asking about.

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    Default

    So, if the husband orders the divorce from the lawyers without the consent of the wife, then it constitutes a full divorce. Is that what you are saying?

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    Al jaz no detailed answer included in your reply. Please re do. Jzk

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    Al jaz in safari it shows on the new fangled app for iphone it doesnt. I just want to clarify. If the husband is forced to divorce his wife by courts then its not a full divorce. What about if he applies for a divorce on his own accord, telling his wife, but she doesnt agree, for an unknown reason.

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    Default Re: getting a divorce by english law.

    Assalaamualayakumwarahmatuallah,

    If a husband wants to divorce ,then he can issue 3 divorces to her & its over.Get a certificate from shriah court ,if needed to avoid trouble get a certicate from kuffar court.

    If he is forced to divorce then its not a divorce.

    Divorce is the right of the husband,if he gives willingly then its divorce whether the wife agrees to it or not.

    wallahualam

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