Fatwa: # 19210
Category: Divorce
Country: Bulgaria
Date: 21st April 2011

Title

He told me that because they didn't go to the court personally, he'll have to pay to get a new ID in which her name will be logically erased and it will say divorced instead of married. Can you please tell me if this is valid? He has divorced her by saying "talaq" three times...

Question

My boyfriend has been married before. He & his (now) ex-wife were married at home only in the presence of an Imam and 2 male witnesses. They later left for Europe, where they apparently had to marry again due to the foreign country's law. However they got divorced, according to him they have a legal divorce in that foreign country. The problem however is, that because they only had a wedding at home with an Imam and didn't go to court, they had their papers fixed (unfortunately) illegally, by paying for that to be done. Therefore his ID showed he is married and her name was written there. Although they are divorced in that foreign country and she has signed the papers as requested, he still hasn't changed his ID. Therefore it still says he is married and her name is written on that ID. He told me that because they didn't go to the court personally, he'll have to pay to get a new ID in which her name will be logically erased and it will say divorced instead of married. Can you please tell me if this is valid? He has divorced her by saying "talaq" three times, they have signed the divorce papers by procedure in the foreign country, but he still has his ID in which it says he's married. Because we have been talking about marriage, I want to be sure he is 100% divorced in every possible way. He is aware that I will not become his second wife (I am a Christian and will not convert to Islam after marrying him) and he also said he doesn't want to have 2 wives. How can I be sure that he is divorced? Thank you.

Answer

May peace be upon the guided (Amin)

We understand that you are a Christian and wish to marry the person in reference and you want to ensure that he is divorced.

This attitude clearly expresses your consideration for the Islamic laws of divorce. It also expresses your respect for the implications of divorce, that divorce terminates a marriage and should you marry the person in reference, you will be the sole wife.

We pray to Almighty Allah that He grants you complete understanding of Islam.

Obviously that will be with studying Islam with an open and balanced mind.

A truthful person is always guided to the ultimate truth.

Nevertheless, the marriage of the person in presence of the Imam and two male witnesses was valid.

If the husband pronounced the word talāq three times, that has terminated the marriage. The woman in reference is not his wife anymore.

And Allah Ta'āla Knows Best,

 

Muftī Ebrahim Desai

Daruliftaa
35 Candella Rd, Durban, South Africa

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