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:

i had nikkah with a guy in 2002, but same day of nikkah he said he`d divorce me on issue of haq-mehr, cuz it waw too much for him,later he appoligized n i and my famliy forgave him, but same year things went out of control n i demanded divorce(this right had been given to me in nikah nama)but since then there is a clash between my family and him, first he refused to divorce me,then he married another woman. now he has send me an e-mail , his exact words were"on the long standing and repeated demands of you and your family, i have signed the divorce papers,your and my father can coordinate to get papers, you are free from my side"they r still fighting on legal document, that should it include mehr or not.

my qestion is that after getting such a mail do u think that i have been divorce and only legal requirements are left (he has not given divorce on my face and i have never signed any divorce papers) 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Declaration of 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.

 

Your Statement: i had nikkah with a guy in 2002, but same day of nikkah he said he`d divorce me on issue of haq-mehr,cuz it waw too much for him,

If your husband pronounced a divorce upon you immediately after the ‘nikaah’, a divorce would have been established in the marriage.

 

Your Statement: …later he appoligized n i and my famliy forgave him

We are assuming that his ‘apology’ meant that he revoked the divorce declaration and took you back as his wife; for the first two divorce pronouncements in any one marriage are indeed revocable in Shariah.

 

Your Question: ….my qestion is that after getting such a mail do u think that i have been divorce and only legal requirements are left (he has not given divorce on my face and i have never signed any divorce papers) 

If your husband says or has sent you an email declaring that he has ‘signed the divorce papers’ and if by declaring ‘you are free from my side’ he meant divorce, then indeed a second divorce would be established in your marriage in the Sight of Shariah Law and of Allah Subhanah. 

 

After a husband has declared a divorce, either verbally or in written text, there is no legal requirement which needs to be fulfilled for the divorce to be recognized by Shariah Law….the divorce will indeed be established in the Sight of Shariah Law and of Allah Subhanah.  One may need to fulfill the ‘legal requirements’ to fulfill the ‘law of the land’ one lives in, but in the Sight of Shariah Law a divorce will be established as soon as the husband declares the divorce, absolutely regardless of whether he declares it in the presence of his wife or not, and absolutely regardless whether the wife signs the divorce papers or not! 

 

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).’

 

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,

 

 

Burhan