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Fatwa CenterHas doubts about the validity of her marriage and her divorce
Question
Salam alikum, Please advise me. I got married in november 1983 in a registry's office in edinburgh. Then, in july 1986, me and my husband filled in an application for divorce on the grounds of separation for two years (both of us signed the application) but I was the main applicant. Then, in july 1988, we remarried again in a registry's office in edinburgh (civil marriage). Is it legal according to Sharia? Thanks a lot, hasna
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If your marriage in the civil registry office took place while fulfilling the conditions of a correct marriage contract, the most important of which are the consent of the guardian and the presence of two witnesses, then it is a correct marriage. Therefore, this marriage contract is void if it did not fulfill the conditions of a correct marriage.
We have already issued Fatwa 83629 clarifying the conditions of a correct marriage contract, so please refer to it.
The following matters should be mentioned:
1- Signing the divorce papers without intending it and without uttering the word divorce, does not lead to divorce. This implies that the first marriage remains valid if it fulfilled the conditions of a correct marriage contract upon conducting it.
2- If divorce did correctly take place, it is permissible for the husband to take his wife back without her consent if she is still in her waiting period. However, her consent should be sought if her waiting period was over if it was the first or second divorce. If he had divorced her three times, she becomes forbidden for him unless she marries another man a sincere marriage; (i.e. he consummates the marriage with her), and then he either divorces her or dies. Therefore, if your husband divorced you the first divorce or the second divorce, and then took you back during your waiting period or after the expiry of your waiting period with a new marriage contract fulfilling the conditions of a correct marriage contract, then the marriage is correct. However, if he divorced you three times and took you back before you married another man, then the marriage contract is void even if it fulfilled the conditions of a correct marriage contract.
3- It is not permissible to resort to man-made courts in any matter at all, unless there is a dire necessity for it; for more benefit, please refer to Fataawa 89727 and 90056. If there is any doubt about the validity of the marriage contract, or about divorce, then we advise you to take the matter to the Islamic Centre in Edinburgh if you are still residing there, otherwise to any Islamic Centre in the town where you reside, or to an Islamic court if you are living now in a Muslim country.
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