Islamic Divorce vs Civil Divorce

Shaz

Salaam guys, Im back again with another topic. Now this is a much asked question and there are so many different theories about Islamic divorce vs Civil divorce. Can any one help me shed some light on this?

Forum

You — Wed, 16 Mar 2011 - 17:45

Its when small vermin go "yes, I have divorced you through the civil procedure but I am not granting you an Islamic divorce" as a form of revenge/control over their previous partner.

Should vermin should be exterminated painfully.

As for the matter of divorce, it needs to be clarified by a scholar, but saying that you are divorced from someone is a valid divorce, so the civil divorce would also be an Islamic divorce.

In the early caliphate if a man refused to have sexual relations with him wife for more than 4 months, the wife could force the issue into a choice of the husband either granting divorce or being imprisoned til he did so.

Shaz — Wed, 16 Mar 2011 - 17:59

thank you thats exactly what i wanted to know, if civil divoce is an islamic divorce. But some do say its not recognised in Islam therefore you have to HAVE to go thru the long procedure. It just gets confusing as 2 why everyone has different rules yet we are all muslims.

You — Wed, 16 Mar 2011 - 18:08

There isn't a long procedure - saying that the couple are divorced (or even "not married") is enough - and it does not have to be as an utterance to divorce...

The question is if low lifes will accept it. I do think people who try such things should be beaten severely to the edge of their life.

TPOS — Wed, 16 Mar 2011 - 19:23

Why not just get an Islamic divorce/both :S

If the husband doesn't give the Islamic one, just give your mahr back?

I don't understand how the civil divorce would = Islamic divorce too :S

LookingToSee — Wed, 16 Mar 2011 - 21:20

[quote=Shaz]ok guys we have dispute here..... Lol[/quote]

we dont! its discussion, and PofS here is great at it! take my words for it!

i dont know about the whole civil=islamic. but im gessing you would get the islamic one first as its the only *real* one in the eyes of a muslim. and if HE doesnt want to give it, then there are ways for SHE to get it.

then civil divorce can be dealt with later...

and about civil=islamic. it isnt in the Quran, it isnt in the Sunnah, hence different scholars have come up with learnt opinions on the topic and hence different conclusions. Most of them will be all "good" and can be followed.

im talking general at the end of above para.

You — Wed, 16 Mar 2011 - 21:28

[quote=Lilly]i dont know about the whole civil=islamic. but im gessing you would get the islamic one first as its the only *real* one in the eyes of a muslim. and if HE doesnt want to give it, then there are ways for SHE to get it.[/quote]

Morons use it as a weapon - she is no longer legally his wife, "but I am not giving her an Islamic divorce" the suggestion being that she cant move on, marry someone else etc as in his eyes she is still married (even though that is moronic and stupid IMO, but when it comes to marriage and divorce, 99% is not good enough so even suh stupid threats have far reaching consequences. the guy should be battered to an inch of his life if not more.)

Shaz — Wed, 16 Mar 2011 - 22:34

[quote=You]
Morons use it as a weapon - she is no longer legally his wife, "but I am not giving her an Islamic divorce" the suggestion being that she cant move on, marry someone else etc as in his eyes she is still married (even though that is moronic and stupid IMO, but when it comes to marriage and divorce, 99% is not good enough so even suh stupid threats have far reaching consequences. the guy should be battered to an inch of his life if not more.)[/quote]

I so agree with you!!

The Lamp — Fri, 18 Mar 2011 - 15:34

But all that is required for an Islamic divorce is the communication of the fact that there is an intention to divorce, plus the three months.
I'm not a family lawyer, but isn't it a requirement that you tell the person that you're divorcing them? Send a letter at the very least maybe?
In Islam a woman can go and get a divorce if her husband wants to be a jackass and make things difficult.

Amal — Fri, 18 Mar 2011 - 16:29

Speaking of lawyers..

It is easier for an islamic divorce/talaq/khula = civil divorce in the UK if the islamic marraige/nikah was recorded/registered (ie by way of a marriage certificate).

This means that your civil divorce = islamic divorce

If you are not comfortable with the idea that you have been divorced islamically, then you could possibly consider going to a scholar who could assist you in obtaining the same. Alternatively, there are a few organisations that assist people in obtaining an islamic divorce, ie Islamic Sharia Council.