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