Fatwa ID: 08091

Answered by: Moulana Ateiq-ur Rehman

Question:

My husband applied for a civil divorce. We have received the decree absolute. Is this also counted as an Islamic divorce? Does he have the right to take me back during my iddah period?

He said his intention was not to give me an Islamic divorce, just a civil divorce he wanted. He needed money, so he divorced me, and I paid him a financial settlement. Now that he has received the money, he wants to get back together. So, how many divorces is this counted as, and what if he says, “I take you back”? But I do not want to go back. Am I his wife again, or is it with my agreement he can take me back?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

السلام عليكم ورحمة الله وبركاته

Jazak’Allah Khair for your question. A civil divorce is not equivalent to a Talaaq, just as a Nikaah is not the same as a civil marriage.

For instance, if a couple were to enter into a civil marriage without performing the Nikaah, this would not be recognised as a valid marriage under Shariah. Similarly, since these two types of marriages are not regarded as the same, the annulment of each will also differ.

In response to your query, if your husband did not intend to issue a Talaaq and only sought to end the civil marriage, the Nikaah remains valid and unaffected. However, if he intended to give Talaaq while filing for the civil divorce, one irrevocable Talaaq would have occurred. If he wishes to continue the Nikaah, he may do so during the Iddah period, which lasts for three menstrual cycles.

Regarding your desire not to reconcile, you may request a Talaaq from your husband. If he refuses to grant it, you have the option to apply for a Khula (a divorce initiated by the wife).

Reference:

«ا يُمْكِنُ فَهْمُهُ وَقِرَاءَتُهُ فَفِي غَيْرِ الْمُسْتَبِينَةِ لَا يَقَعُ الطَّلَاقُ وَإِنْ نَوَى وَإِنْ كَانَتْ مُسْتَبِينَةً لَكِنَّهَا غَيْرُ مَرْسُومَةٍ إنْ نَوَى الطَّلَاقَ يَقَعُ وَإِلَّا فَلَا وَإِنْ كَانَتْ مَرْسُومَةً يَقَعُ الطَّلَاقُ نَوَى أَوْ لَمْ يَنْوِ ثُمَّ الْمَرْسُومَةُ لَا تَخْلُو أَمَّا إنْ أَرْسَلَ الطَّلَاقَ بِأَنْ كَتَبَ أَمَّا بَعْدُ فَأَنْت طَالِقٌ فَكُلَّمَا كَتَبَ هَذَا يَقَعُ الطَّلَاقُ وَتَلْزَمُهَا الْعِدَّةُ مِنْ وَقْتِ الْكِتَابَةِ»

«كتاب الفتاوى العالمكيرية = الفتاوى الهندية 1:878 (المكتبة الشاملة)»

“If it is not possible to understand and read [the written divorce], then Talaaq does not occur even if intended. If it is possible to understand but not explicitly written as a divorce, then if divorce was intended, it occurs, otherwise not. If it is explicitly written as a divorce, then Talaaq occurs whether intended or not. Then, the explicitly written divorce is of two types: either the Talaaq is sent [in a letter saying] ‘As for what follows, you are divorced,’ then every time this is written, Talaaq occurs, and the Iddah becomes obligatory from the time of writing.” (Al-Fatawa al-Alamgiriyya = Fatawa Hindiya 1:878 [Al-Maktaba al-Shamila])

Based on your husband’s statement that his intention was only for a civil divorce, an Islamic divorce (Talaaq) would not have occurred by the civil decree absolute alone. The Nikaah would still be considered valid in Islamic law.

However, your statement “he divorced me and I paid him a financial settlement” suggests that a verbal Talaaq might have taken place. If he did pronounce a clear Talaaq (even once), then a revocable divorce has occurred, and you are currently in your Iddah period.

During the Iddah period, your husband has the right to take you back (Raj’ah) without a new Nikaah or your explicit consent. If he says, “I take you back,” and this is within the three-month Iddah period, you will be considered his wife again according to Islamic law.

However, if you do not wish to reconcile:

You have the right to seek a Talaaq from him.
If he refuses, you can pursue Khula, where you can seek a divorce in exchange for some form of compensation (which might be the financial settlement you already provided, or something else agreed upon).
In summary:

The civil divorce alone is not an Islamic divorce.
If your husband verbally pronounced Talaaq, one revocable divorce has occurred, and he can take you back during the Iddah without your explicit agreement.
You have the right to refuse reconciliation and seek a Talaaq or Khula.
It is highly recommended that you seek further guidance from a local Islamic scholar or Shariah council who can assess the specifics of your situation, including the exact wording of the divorce pronouncement and the details of the financial settlement, to provide you with the most accurate advice according to Islamic law.

Only Allah (Subhanahu wa Ta’ala) knows best.

Written by Maulana Ateiq-ur Rehman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham