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Fatwa CenterDivorce in civil court
Question
A sister in Islam has asked me this question regarding her divorce. I am not a scholar and would like sincere advice so I may help her understanding. My ex-husband and I were married in Syria in religious court not in civil court. He divorced me Islamicaly only. I was told this is all we needed since we were never married in civil court is this right?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If a husband divorces his wife willingly and intentionally then the divorce is effective since the validity of a divorce does not depend on its registration or authorization. The same is true with the validity of the marriage. If a marriage contract is completed fulfilling all the compulsory conditions such as approval of the guardian of the girl, presence of the witnesses and there was no impediments, then it is effective even if it is not authorized or documented in a court.
However, we draw your attention that authorization and documentation of all contracts is better since many Islaamic benefits could be achieved and many harms could be avoided by doing so.
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