Question:
Assalamoualaykoum Mowlanah Sheik Hisham and all other shayks
I live in the UK and married a girl in Egypt. I did a civil marriage in the government office in Egypt which required 2 witnesses. This is recognized as being a religious wedding too in that we can live together.
After the civil marriage, I returned to UK and the marriage was not consummated. Due to substantial problems and due to her parents stealing my money, I decided to divorce her.
To avoid going back to Egypt, I decided to divorce her through the courts in the UK. Will this divorce be valid for her in that it is only 1 divorce and is not a divorce according to Islamic rules? What I mean is that I have not given her the 3 talaaqs. Will she be able to re-marry with only a divorce issued by the UK courts?
JazakAllah.
Answer:
wa `alaykum salam,
If the husband divorces his legal wife with whom he has made Nikah but did not consummate the marriage and he says to her, “Upon you is Talaq, Upon you is Talaq, Upon you is Talaq“, in this case, only One Talaq will be valid. By uttering the first Talaq, this woman is out of Nikah and there is no `iddah upon her.
Imam Senad Agic, Ph.D.
Head Imam (IABNA)
The Islamic Association of Bosniaks in North America
www.mesihat.com
