Saturday | 07 December 2019 | 10 Rabiul-Thani 1441
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Fatwa Answer

Question ID: 766 Category: Business Dealings
Status of Divorce due to Dissolution of Marriage

Dear Mufti Sahab Assalamu Alikum’

 

 My wife petitioned for divorce in the legal court system. I opposed the divorce both by my action and words. First I completely ignored the court papers for many months. Thereafter when I was summoned to court I explicitly told the court I oppose the divorce and religiously I'm opposed to any divorce or seperation. However My wife did not just file for divorce but also accused me of raping her, beating her, and abusing her. Furthermore the case included custody of my children and division of estate and property and money.

 

Knowing that they have no jurisdiction in my Islamic divorce after I have opposed it explicitly by my words and action I responded to the court that I'm happy with any decision they make thereafter with regards to the other matters I. E child custody, division of estate and property etc. Etc. 

 

Has divorce happened by me merely saying,  I'm happy,  For child custody, division of estate and property  Etc. when I had no intention of tawkeel of Talaq to the court by such a statement, and after I had explicitly opposed the divorce?Did the court decision effects on my Islamic and Shairyee Nikah.

Am i still her husband according to Shari"ah.

Jazakallah 

الجواب وبالله التوفيق

As per the situation described in the question, when the wife filed the case for Dissolution of Marriage in the court of law, the court reached out to the husband and the husband disagreed and in fact opposed, therefore, the court of law performed the dissolution of marriage as a result. According to the law of the land, the wife and husband have been divorced from a legal standpoint. However, their Nikah in the light of the Islamic jurisprudence is still valid and you are still considered her husband from that perspective.

واللہ اعلم بالصواب