[shafzal]

I submitted civil divorce in march 2007 through solicitor and clearly mention to her and her‘s family that i am not giving her Islamic divorce. But her father sent latter against me to my family and mention it that I am not giving her Islamic divorce.
Between this period from (March 2007 to December 2007) we didn’t live together I left flat and she moved to her ‘father home. But I went on her ‘father home and met with my daughter since October 2007. After that I didn’t met with my daughter but only telephonic conversations (but not with (wife).
In last year she or her’ father speak with Islamic sharia council in London and Islamic sharia council issue certificate of divorce (Irrevocable) on my name but I didn’t contact with Islamic Sharia councils London for this type of certificate.
I wrote her that i am giving her Civil marriage divorce but not Islamic divorce so is this is consider
Islamic divorce?
Civil divorce petition date march 2007 and divorce absolute date December 2007
Certificate of divorce issue by Islamic sharia council date November 2008
Between these periods I have no contact with my wife except through email. We discuss through email and I clearly mention her that I didn’t divorce Islamic but she is insist that I divorce her civil so Islamic divorce is also done or completed.
Need direction according sharia and Quran
Is this nikkah sitll valid?
We need fresh nikkah with dowry and witness ?
Is she need to be Halala ?

Regards

 

[Asiyah3]

*bump*


Somebody advice the brother please...

 

[Dagless]

The brother needs to consult a scholar.

1) Why was his intention to give a civil divorce but not an Islamic divorce. Why give any kind of divorce if he does not wish to divorce her? :S
2) Did he tell her he wished to divorce her 3 times (as is the Islamic way)?

 

[Sampharo]

What I understood from your post, is that you divorced your wife on civil documents, but you are still communicating with her and saying you didn't divorce her. Why brother?

You would be in deeper sin if you were still actually married to the woman and for 18 months you don't meet her or grant her her rights as a wife from love, care, physical intimacy and financial support. It is grievous harm to her.

It behooves me why would anyone would do that, and actually comes and only asks about the technical paper. It's like punching someone in the face and then asking if blood on the shirt ruined the wudu or not. Brother, at least for 18 months you could have checked with a scholar to find out, no doubt he would have told you what to do.

Anyway Brother, what I know is that the word "you are divorced" in context or meaning, in writing or pronounced, is sufficient for Islamic divorce. If you signed a civil document that says "application for divorce", then you did indeed divorce her, unless you took her back during the time of her Idda, which you needed to have done by declared to her, or done by making up and reconsummating the marriage. If you didn't do that and left the flat, then nikah is not valid, and if you want to remarry you need a fresh nikah.

This halala thing I didn't understand. Additionally we're not following exactly everything you're trying to say though, and therefore I would definitely advise you to get a specialized ahlu sunnah scholar (maybe who speaks your mother language because your English doesn't seem to be strong) to listen intently to your story and understand all the implications.

 

[Alpha Dude]

Brother, I don't understand why you would give Civil Divorce but not Islamic? If your intention is to leave her, then leave her completely. I'm sure she would like to get married again to somebody else and that is entirely normal behaviour. Perhaps that's why she wants to end the marry via sharia court.

This halala thing I didn't understand.

From what I have heard (might be a desi term, not sure), halala is the act of a divorced wife marrying somebody else, consumating the marriage with that guy, then being divorced again (for a legitimate reason), before she can Islamically be allowed to marry the original brother.