Last Tuesday 8/20th, I discussed my personal matter with a scholar at Shariah Board of America. Here is a summary of my personal matter.
I reside in Michigan. I consider myself a practicing Muslim who strives to be close to Allah (SWT) and want to raise my children as such. I have no intention to divorce my wife. My wife has filed for divorce in the state of Michigan, USA. Wife demanded in the court full legal custody of the children and close to no parenting time for me. To be part of my children’s life, I have to fight in the court for joint legal custody and meaningful parenting time for me. So I have to follow the process and sign on the divorce document.
The scholar commented my signature on court divorce documents will only break the legal marriage and my Nikah to my wife will remain intact. He further suggested after I sign the documents I can send the documents and get fatwa that my Nikah is intact.
I want to get fatwa before I sign the document. Can you please give me fatwa considering above stated facts that my signature on the attached divorce documents will only break legal marriage and my Nikah will remain intact with my wife. Jzk Khair.
الجواب وبالله التوفيق
In the situation inquired about, with the husband signing the court documents it only finishes the legal marriage, the Nikah does not Shara’n finish, it remains intact.
It is necessary for both husband and wife to have a ruling issued by an Islamic Council or organization to Shara’n finish the Nikah.
(لم ینفد حکم الکافر علی المسلم و ینفد للمسلم علی الذمی ۔(دارالعلوم زکریا ج 4، ص 273 بحوالہ الضیاح النوادر
واللہ اعلم بالصواب