Thursday | 29 October 2020 | 12 Rabiul-Awal 1442
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Fatwa Answer

Question ID: 1199 Category: Dealings and Transactions
Khula’ from Court

 

Assalam U Alaikum,
 
i'm in a situation where my wife has left abruptly from Pakistan without informing, i think she might be seeking divorce through court in Illinois. We got married in masjid in Pakistan, a year later registered it in Pakistan Identity database. We are not married in USA even tho we are both citizens. Also i dont think we have reason to divorce and might be best to mediate things or issues however due to all communications have been blocked i'm unable to do so. She wont let me see my child or speak to her instead asks me to contact her father who has threatened me in the past and still does. We also have a 1.5 year old child. We are both Sunni Muslims and dont have preference towards any secular division in Islam. I am still in Pakistan.
 
She has problems with my family which i know didnt happen directly to her and still i would listen and end problems for her but she picks them to move to a different house or move to Chicago where her parents live. Biggest problem for me is her family because after a long day of work i come home, spend time with kid and family. After dinner at 9 onwards i spend time with my wife however her family calls her everyday from 10pm to 2am (Because there is a time difference) and if i object or ask for time then she would be abusive or treat me with disrespect. After the phone calls she would bring up old arguments or something she believes in happen one sided. I even got her own floor to stay with 2 bedrooms where none of my family members would be allowed for her privacy but she still picked up fights to run away without informing me in the middle of pandemic.
 
Question: 
1. Getting a divorce in illinois would be same as getting divorced in Islam ?
2. If in future she does get divorced in illinois, can show the document and have Nikkah again ?
3. Which organization in USA grants a wife "Khula" ?
4. Would you be able to provide me with an endorsed letter to these questions if required so i can email her the facts ?
5. How can we ever trust each other with so many people from her side steering her to do wrong against husband ?
6. Is it best to give up and just end it ?
 
 
Thank you

باسمه سبحانه وتعالى

الجواب وبالله التوفيق

  • If a judge makes a decision to dissolve a marriage in the court of law, in response to a petition of dissolution of marriage, and the husband has signed such write-up which talks about the dissolution (fasqh), then an Islamic talaq will take place in addition to the legal dissolution of marriage. Otherwise, the proceedings for shar‘ai talaq will have to be performed separately.
  • Upon the termination of the Islamic Nikah, and completion of the period of ‘iddah, the woman can perform a new Nikah.
  • Please come in person to the office of al-Majlis al-Shar‘ai of the Shari’ah Board of America (in Chicago) for the shar‘ai resolution of this issue. If you are in Pakistan you can contact such a local body over there as well.

واللہ اعلم  بالصواب