Slmz - if a couple has been married in court (ANC agreement) and islamically, and only divorced islamically, what are the consequences not having the marraige annulled legally?

6 Jul 2012 · 16 Shaʻban 1433 AH1 min readFatwa 21397English

Question

Slmz - if a couple has been married in court (ANC agreement) and

islamically, and only divorced islamically, what are the consequences not

having the marraige annulled legally?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to Shariah, the Nikaah (marriage) terminates when the husband pronounces the words of divorce to the wife. All the rules and laws of Talaaq (divorce) will be applied thereafter.

There are no Shar’ee consequences or implications further to that if the marriage was not annulled legally.

However, there may be certain legal implications if the marriage was not legally annulled. You may contact a legal expert who will advise you on those matters.

And Allah Ta’āla Knows Best

Moulana Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by: Moulana Ismail Desai
Checked & approved by: Mufti Ebrahim Desai

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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/21397
Fatawa SA: https://fatawa.co.za/fatwa/askimam-21397

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