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.