Abdur Rahman ibn Yusuf Mangera – Q&A The Civil Divorce is not a Talaq

Okay, this question, very important question. If you have

been divorced legally, as a civil divorce in the courts with your

husband, does that make you automatically divorced

Islamically. After looking at this very deeply, most of them have

these majority, right? If not all, they pretty much agree that it's a

whole separate system. And the reason for that is, Pollock is

something that's issued by the man by saying Talaq or I divorce you

or you are divorced to some words to that, to that effect. When you

petition it through the court, you're actually petitioning for a

divorce, you're not divorcing yourself. So what you're saying to

the judge, is that on these grounds, I would like to be

granted a divorce from my husband from my wife, right? Now, it's up

to the judge under the circumstances that he sees to

them, and all the civil connection and marriage that you have, he

doesn't care about your Islamic marriage. It's got nothing to do

with him. If you told him, Look, I've got a Nikka to this person, I

don't have a civil marriage, can you please dissolute this marriage

for us? He won't be able to do so. Right? It's a totally different

system because they don't recognize Nikka at all. Civil

Courts, marriage is a kind of a legal issue. It's not a religious

issue. So they're totally separate. Yes, sometimes.

Sometimes, in some countries, if the wording on this divorce, is

that I divorce my wife clearly, then in that case, that might also

act as a divorce. But in this country, if you look at the

wording, it's got nothing to do with that it's petitioning for a

divorce. Sometimes the clear words are not even used at all. It's

just literally a petition. And it's up to the court to accept

that and this is the opinion of most of the movies of, of even

this country and of other countries like South Africa, etc

as well.