Fatwa ID: 04945

Answered by: Maulana Nabil Khan

Question:

I got married in November 2010 then I left my ex-husband after 8 years of our marriage because he didn’t fulfill my financial needs and ask me for work and ran my bank account even though he didn’t give me my password of online banking, He always taught me about my expenses. we did not have any children in 8 years then he pushed me to adopt a child but I don’t want to adopt a baby, because if a person can’t bear my expenses so how can he do the child maintenance. After 8 years when we had many disputes, I left him. After that, he apologized to me and said I will not do it again with you so I forgave him and went back with him. Later on after 10 months again he started bullying me that I left him I made police complain about him as well because i felt someone chasing me who gave him report to him where i go what i do etc, i got bank statements for 8 years from starting when i started job  then i found he took money around 60 thousand pound directly transfer to in his account. he betrayed me. He laughed at me that i can’t have a baby he said u don’t have eggs and you are a incomplete woman, and put me allegations that i have affairs with many persons , he pressured me again for a child adoption then i left him again and then he called me and ask me to file a divorce case, then i filed my divorce in British family court and put these all things in my petition then judge sent him the petition and acknowledgment form. He replied that he don’t intend to defend the divorce but didn’t accept the allegations. and the judge asks him to pay the court fees by the cost order but he didn’t pay me a single penny for the court fees and my maintenance. He said he will let the divorce proceed and don’t defend it. Then judge issued a decree nisi. After this, we haven’t contact with each other for 6 weeks, and immediately after 6 weeks, I applied for decree absolute. That I got the next day of my request. I got decree absolute on October 17th, 2019, then he got married again in January 2020 in Pakistan and I got remarried in Pakistan as well in August 2020. Now he spreading the rumor in my relatives that I didn’t get a divorce religiously and I got an English divorce. And my second marriage is not valid according to religion. Please reply to me that my divorce is valid religiously or not and the same my second marriage is valid religiously or not? if not then what i can do the next?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Technically speaking the court divorce will not count as a talaq in Islam. However, if the husband accepts the divorce and signs the divorce papers then it will be an acknowledgment of separation and the talaq will take place.

Only Allah knows best

Written by Maulana Nabil Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham