Darul Iftaa Mahmudiyyah

Paper divorce ...4.What will happen if we will get paper divorce in us court?

· 24 Shaʻban 1425 AH1 min readFatwa 12858English

Question

We got married in pakistan. Then my husband came to usa. After six months I came to usa too but as an unmarried girl(on papers). Then we married here again in court just to show ourselves as married couple under American law. After 2 yrs my husband gave me one talaaq but he revoked the divorce the same day. Now he wants to give me paper divorce to do paper marriage for green card and send me back to pakistan. He doesn?t want me to give Islamic divorce. I also don?t want divorce from him. My question is that 1.will that paper divorce be valid in view of islam? 2.if yes, will it count as 2 divorce and can we be together after this dovorce? 3.what will happen if I will ask paper divorce from my husband instead he will give me divorce? Is that also count as 2 divorce? 4.What will happen if we will get paper divorce in us court?

Answer

We do not understand what you mean by paper divorce to do paper marriage.

Nevertheless, if your husband wants to give you a legal divorce only and not an Islamic Talaaq, then he should make two reliable people his witness of his intention not to issue an Islamic divorce. The legal divorce will then not be regarded as Talaaq.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/12858
Fatawa SA: https://fatawa.co.za/fatwa/askimam-12858

People also ask

Is a civil (court) divorce a valid talaaq?

“1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.”

Ibn Masood · 70 fatawa from 6 Darul Iftas on this

What the Darul Iftas say

Related fatawa