Divorce and decree absolute

CategoriesDivorce [544]

Fatwa ID: 02024

Answered by Ustaadha Amatullah

Question:

I was married abroad Algeria (Islamic marriage) and then had a civil marriage in the UK. Unfortunately things did not work out and I applied for my Islamic divorce in Algeria and this was granted. I applied for my civil divorce at the same time and declared this on the petition. My Islamic divorce was done before my civil divorce and when applying for my decree nice I enclosed a copy of the documents from the courts from Algeria. I have received a reply from the courts but it seems a bit confusing. The reply is as follows: If the overseas divorce is effective in the county in which it was obtained, the court in England and Wales will recognise it.

As far as I read that, it means that my divorce (both Islamic and Civil) has been dissolved, however having read some information online, it states that I am not divorced (Civil) until a decree absolute has been issued.

Please advise me

Thank you.

Answer:

Bismillah

In your situation the divorce will be valid but you will need to obtain a ‘Decree Absolute’ in order to be able to remarry.

Only Allah knows best.

Ustaadha Amatullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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