Sunday | 17 November 2019 | 20 Rabiul-Awal 1441

Fatwa Answer

Question ID: 692 Category: Business Dealings
Divorce/Talaq-e-Raj‘ai

I have a question about Divorce in Islam Sharia law. So I had to divorce my wife unfortunately because of some unpleasant stuff and I tried my best to make it work but it didn't work out. I give 1 talaq to her and we didn't live together for more than 6 months, she already had more than 3 periods and uh just want to know if we are still husband wife? If we not husband wife anymore , and I give her divorce according to USA law, does that count as second divorce ? Does divorce under US law is consider as Islamic Divorce as well? Looking forward for your reply. 

JasakAllah

الجواب وبالله التوفيق      

  1. When you issued a talaqto your wife, this led to one Talaq-e-Raj'ai(revocable divorce) taking effect. Further, due to not performing reconciliation during the period of 'iddah, the Nikah became invalidated or annulled.

کما فی الہندیۃ: وأما حکمہ فوقوع الفرقۃ بانقضاء العدۃ فی الرجعی (ہندیہ، ۳۴۸/۱، کتاب الطلاق، باب ۱

  1. From a Shar'ai standpoint, a Fasqhun-Nikah(dissolution) performed by a non-Muslim ruler does not effectuate a talaq. 

کما فی قولہ للہ

(ولن یجعل اللہ للکافرین علی المسلمین سبیلا (النساء، 141

واللہاعلم بالصواب