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Fatwa CenterNeeds divorce papers but her ex-husband procrastinates
Question
My husband divorced me over the phone one year ago from another country one year ago and until today he didn't process the paper work for the divorce. He visited his daughter here in England few times and I asked for this papers and his answer always he doesn't have time or the routine in his country is very slow? I'm 37 years old and I want to know am I divorced and if I can get married to somebody else?
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.
Dear sister, may Allaah bless you and solve your problems.
In fact, your husband's procrastination or delay to provide you with the papers of divorce is totally an un-Islamic behavior, and he is committing a sin.
However if the divorce has occurred, as you mentioned, then you no longer you need documents to get married again.
We previously said in Fatwa 81847 "It is not mandatory that the divorce should be in a court but whenever the husband utters the divorce or writes it on a paper and sends to her, then the divorce takes place."
We have also stated in Fatwa 87485 "We would like here to inform you that the effectiveness of a divorce does not depend on its registration in an American court or even in an Islamic court; whenever it occurs it is valid regardless of its registration. Registration is only to certify the administrative validity of a divorce, which was already effective."
Registering a marriage or a divorce in a court is not compulsory in order for marriage to be Islamicly valid. But, if you apprehend that your rights or your children's right may get lost, or you may encounter any problems, then it is better to complete the official paper work.
As you know that if a person divorces his wife once or twice and her waiting period expires then he may marry her again fulfilling all the conditions of a new marriage. See Fatwa 82541.
Finally, if your previous husband had not divorced you thrice, and wants to marry you again, and you can live with him in harmony then we advise you to accept his proposal for the sake of your children.
May Allaah grant you a happy life.
Allaah Knows best.
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