Question getting a divorce by english law.

[nomad]

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.

[Scented Blood]

Funny thing is i was looking up something similar

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

[RaiseUp]

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.

[Amélie]

The Islamic divorce comes first?

[Al Jazairi]

This is a more detailed answer:

موقع الإسلام سؤال وجوابnd 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.

[nomad]

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?

[nomad]

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

[nomad]

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.

[frontline]

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