Divorce in a civil court

Q: I want to ask you a few questions before I make a decision about marrying a second wife. I am not satisfied with my marriage with my first wife. This is due to a lack of affection and neglect from my first wife. I have had this problem for 5 to 6 years now and I have tried to talk to my wife to resolve how I feel but nothing seems to better my situation, and I have now given up. I still care about my first wife and I still want to provide for her and our 3 children. I want to marry a second wife but I don't want to commit a sin. The UK law does not recognise a second wife. It is actually illegal in the UK to have a second wife, although it is fine to have a mistress. As I am aware that there is an Islamic ruling that I should abide by the law of the country that I reside in.

1. My question is, if I get permission from my first wife, and provided I fulfil both wives rights, will I be commiting a sin to have a second wife in the UK?

2. Does a divorce through the UK civil court break the Islamic nikah? (From my own research I have found that it does not break the Islamic nikah)

3. I have met a person from Morroco who has accepted to be my second wife, but to bring her to UK I have to first divorce my first wife through the UK civil court. Can I do this in order to bring my second wife into the UK? I do not want to break the nikah to my first wife. 

A:

1. Whether it is UK or US, the laws remain the same. The laws do not change. However, we advise that you do something that is free of problems and worries.

2. If the husband consents or instructs the court to divorce then the divorce is valid.

3. The divorce that is issued is recognised and valid in the shariah.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)