Question Summary:
Civil Divorce

Question Detail:

I really in desperate situation. 3 years ago due to some deep misunderstanding my convert wife got upset and due to nature of our issue and under her non muslim faimly pressure she filed a civil divorce in USA. Due to some immigration and legal issues at time under pressure and advice of lawyer our civil divorce was finalized. My wife was thinking i married her for immigration. However I did told her if you think that is for the benefits then I will not divorce you islamically. She was insisting to give her islamic divorce for around 2 months but I was explaining her that my intention was real for marriage and some how all the misunderstanding were cleared . Honeslty we both read a fatwa this forum at that time which says court divorce is not acceptable in sharia. Also we confirmed with  some knowlegeable person .
They said since you have accepted divorce under legal pressure as well as you did not give her divorce islamically you are still married.
We got back within 3 menstural cycle without any proper nickah and now have 2 kinds ... But I am still kind of confused .. in what is the validity of my marriage
Please guide me ... under the legal pressure I have to accept court divorce but me and my wife still under this thinking that we are still islmically married. ... we got back in relation before three menstual cyle ..
Please advice us in details
 
Jazakallah Khair

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Brother in Islam,
It is very pleasing to note your sensitivity towards Deen which is sign of your Imaan. Furthermore it is good to note that you and your wife have reconciled. May Allah Taala keep you happy and guide you towards the straight path.Ameen.
Your understanding is correct. The verdict of divorce given by the judge of a civil court, can only be regarded as a civil divorce and not a Shar’ī talaaq. The judge has been appointed by the country to issue verdicts in accordance to the law of the country and not in accordance to the laws of Sharī’ah. It is incorrect to say that the judge acts as a representative (wakeel) on behalf of the husband in issuing the divorce, as the judge does not issue the divorce on the request of the husband but gives his verdict of divorce in compliance with the law of the country. At times he may have to issue a verdict of divorce in accordance to the law of the country, even though his heart desires otherwise.
Therefore, the mere verdict of a judge of a civil court cannot be regarded as a Shar’ī talaaq. However, the husband’s filing for divorce or signing on the papers of divorce can be regarded as a Shar’ī divorce only if he intends a Shar’ī divorce. If he intends to follow the civil divorce procedure and not to issue a Shar’ī talaaq, he should make two people his witness of his intention. This is merely a precaution to avoid accusation of a Shar’ī divorce against him.
In your case, you mentioned that the civil divorce was finalised because you were under pressure and you had no intention of a Shar’ī talaaq. Hence, in your situation, a Shar’ī talaaq did not take place and your nikah still remains intact.
 
And Allah Ta’āla Knows Best
Ismail Dawoodjee
Student Darul Iftaa
Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net