Do I need to send a written divorce to a girl who I married in the presence of non Muslim witnesses

CategoriesDivorce [537]

Fatwa ID: 01262

Answered by Mufti Mohammed Tosir Miah

Question:

My query is that I had married a girl 5 years ago with Hindu witnesses. But after my marriage I got to know that she was a characterless woman. I said talaq thrice without her presence but in front of a Muslim friend. 

She sent me a talaq notice in be half of me. I accepted that. Now I am married to a girl 1 year ago. Is it necessary to send a legal or written notice to my ex-wife?

Answer:

Bismillah

 

 

In the name of Allah, the most Beneficent, the most Merciful.

If the marriage was done in the presence of two male Muslim witnesses or one Muslim male and two Muslim female witnesses the marriage will be considered valid. (Hidayah p.306 v.2)

Regarding your situation, the marriage first and foremost would be considered void as you got married in front of non Muslim witnesses. Therefore, the three divorces you gave her would not be effected.

The conclusion of your question is that there is no need for you to give another written divorce as the initial marriage between you and this girl was void from the very beginning. However, if the marriage was done according to the law of the country, you will need a legal divorce.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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