Husband and wife reconciling after obtaining a divorce from a non-Muslim court

Q: I was married to a man in Canada and lived with him for many years. Unfortunately, we had many problems and fights, until I left him and returned to my country of Bangladesh.

My husband did not want to divorce me, so I obtained a divorce from the non-Muslim court.

A few years have passed since the court issued the divorce. I now want to reconcile with my ex-husband and remarry him.

My question is whether we need to repeat the nikaah or whether the nikaah is still intact, as the divorce was issued by the kaafir court and my husband did not want to divorce me.

A: If the husband did not issue a divorce nor did he instruct the kaafir court to issue the divorce on his behalf, and nor did he accept the divorce when it came to him after being issued by the kaafir court, then the divorce has not taken place. Hence, she is still in his nikaah. A new nikaah will not have to be performed for them to get together.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)