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Asalam u Alaikum!
I married in 2008 in Pakistan, after 12 years of abusive marriage i took khula in Florida(US) in 2019. Now someone to said to me that court divorce certificate is not valid and I need to register is in any islamic council and get certificate from there. Please tell me what is the procedure and what islam said about this?
I saw my husband last time in October 2018, after that we dont have any relation, i got my divorce from court last year dated January 14, 2020.
بسم اللہ الرحمن الرحیم
الجواب وباللہ التوفیق
To answer your question:
1. If the court issued divorce was based on husband’s approval of court procedures and documents, then divorce did actually take effect.
2. On the other hand:
a. If the husband had no knowledge of court proceeding;
b. or had the knowledge but did not give permission for it to proceed;
c. and had not signed the court documents;
Under these circumstances “khula” would not have been enforced according to “Shari’ah” rules, because it was executed unilaterally.
اذا قال لرجل: طلق امرأتی کان توکیلاً و لم یقتصر علی المجلس الخ (ص:۴۰۲)
مَن قال لامرأتہ: انطلقی الی فلان حتی یطلقک فذہبت فطلقھا فلان صح ویصیر فلان وکیلا بالتطلیق و ان لم یعلم بوکالتہ۔ (فتاوی عالم گیری ۱؍۴۰۸)
فقط واللہ اعلم بالصواب