The World Federation One Stop Fiqh
Search
Menu

Ask an Alim

Is my divorce correct?

Q:

I have done a court marriage on 14 december 2020 with my own wish. When my family got to know about my marriage they start black mailing me that they will kill my husband if I dont demand a divorce from my husband. I was not agree at al to do such act. And my husbands family is supoorting me and  my husband and they tell my family to not demand a divroce. Then my brother take my ID card and meet my husband and asked him to give me divorce. My husband didnt agree to divorce me but by getting pressure from my family  he signed divorce paper. But me and my husband dont agree to divorce each other. I still want to go back to my husband. I want to ask that if it need halala if i want to go back to him? Kindly guide me regarding all matter of court marriage and what can i do if i want to remarry him.

A:

Assalamu Alaykum

Thank you for your question

According to the Islamic laws, a marriage only takes place if a Nikah is recited. A court marriage is not counted as marriage in Islam.
Also, a virgin girl cannot marry without her father or paternal grandfather’s permission. Hence, if your Nikah did not meet the above mentioned conditions then it is invalid.

likewise, Divorce cannot be done by just signing papers. It has its own conditions:

1- You have to have two believing adults as your witness
2- The woman has to be clean of her menstrual period and also shouldn’t be pregnant
3- Proper Arabic words need to be uttered for the act to take place.

 

hope this helps,
kind regards,
N.S.Jaffery