My husband agree to give divorce on my demand.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)


One of our brothers/sisters has asked this question:

my husband agree to give divorce on my demand but it is been written in stamp paper with referance to one advocate, but it is not been attested from majestate,will this kind of divorce is acceptable. and i got remarriage, is this marriage is legal according to shariah. pls answer my Q


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Husband declare divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.


Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’


As long as your husband has pronounced a declaration of divorce upon you in the marriage, absolutely regardless of whether it is in writing or even only verbal… will constitute a legal divorce in the Sight of Shariah Law and of Allah Subhanah. 


The documentations of divorce, the stamp papers, the advocates, or the attestation of a magistrate, etc. are but legal documentations to prove your divorce in a worldly court of law if the need arises to do so…..all that is required for a divorce to be established in Shariah Law is that the husband pronounce a declaration of divorce unto his wife, absolutely regardless of whether it is verbal or in writing.


Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

228    Divorced women shall wait concerning themselves for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day.


If after the declaration of divorce from your first husband, you fulfilled the waiting period or ‘iddah’ of divorce and subsequently remarried another person, provided all the obligatory conditions of a ‘nikaah’ were honored, your new marriage will be considered absolutely legal and valid in the Sight of Shariah Law and of Allah Subhanah.


Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.


Your brother and well wisher in Islam,





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