Category: Divorce (Talaaq)
Fatwa#: 39724
Asked Country: United Kingdom

Answered Date: Feb 16,2018

Title: UK Civil Divorce petition

Question

Asslam-u-alaykum,

I just had a 2 questions regarding uk civil divorce petition,

1) As a husband if i file a uk divorce petition but the intention was not to divorce islamically and only for the purpose of the country law and finances and property, but that petition has not gone to dicri nisi or decree absolute becuase the wife defended it and i did not proceed it further, does that mean i am still in nikkah with my wife. Bearing in mind the petition dont have the exact wording saying " I divorce you" or " You are divorced". The petiton only has boxes to tick so i ticked the box which says " I apply for Divorce"

2) If my wife filed a petition and i received it, and i did not defend it and i acknowledged and signed the acknowledgment form whcih the uk court send you with the petition & tell you to respond within 7 days to say that i have received the petition but i will not be defending it and again the dicri nisi has been announced but the dicri absolute has not been done. Is our nikkah still safe.

jazakallah khair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If a husband merely applied for a civil divorce by saying, I apply for divorce, that application alone does not constitute a divorce.

If the judge granted the divorce, that too does not constitute a Shariah divorce if the husband did not intend issuing talaaq to his wife.

You may refer to our detailed fatwa on http://www.askimam.org/public/question_detail/32515

 

And Allah Ta’āla Knows Best 

 

Muhammad IV Patel

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

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