Legal divorce

27 Sep 2014 · 3 Dhuʻl-Hijjah 1435 AH1 min readFatwa 30667English

Question

My husband gave me $1,600 in July 2014 to file for the Australian legal divorce which I have. The divorce was granted by the melbourne family court on 9 September 2014. Does this legal divorce constitutes an automatic islamic divorce considering We haven't been in 'physical contact' since November 2013. During the time we were separated he never paid for my rent or any expenses yet he would come to visit me and stay some nights whilst he has had many affairs during this time and during our marriage since 2007.

Answer

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

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

In order for us to answer your query, please answer the following:

What was the procedure of this legal divorce?

Did your husband sign any documents?

If your husband did sign any documents, what was written on them?

While instructing you to file for the divorce, did he intend to give you an Islamic divorce i.e. talaaq?

You may forward your answer to admin@daruliftaa.net

And Allah Ta’āla Knows Best

Muhammad Haris Siddiqui

Student Darul Iftaa
Melbourne, Australia

Checked and Approved by,
Mufti Ebrahim Desai.

Answered by: Muhammad Haris Siddiqui
Checked & approved by: Mufti Ebrahim Desai

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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/30667
Fatawa SA: https://fatawa.co.za/fatwa/askimam-30667

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