Fatwa #128588 October 2004United States of America
Paper divorce ...4.What will happen if we will get paper divorce in us court?
Question
We got married in pakistan. Then my husband came to usa. After six months I came to usa too but as an unmarried girl(on papers). Then we married here again in court just to show ourselves as married couple under American law. After 2 yrs my husband gave me one talaaq but he revoked the divorce the same day. Now he wants to give me paper divorce to do paper marriage for green card and send me back to pakistan. He doesn?t want me to give Islamic divorce. I also don?t want divorce from him. My question is that 1.will that paper divorce be valid in view of islam? 2.if yes, will it count as 2 divorce and can we be together after this dovorce? 3.what will happen if I will ask paper divorce from my husband instead he will give me divorce? Is that also count as 2 divorce? 4.What will happen if we will get paper divorce in us court?
Answer
We do not understand what you mean by paper divorce to do paper marriage.
Nevertheless, if your husband wants to give you a legal divorce only and not an Islamic Talaaq, then he should make two reliable people his witness of his intention not to issue an Islamic divorce. The legal divorce will then not be regarded as Talaaq.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
Nevertheless, if your husband wants to give you a legal divorce only and not an Islamic Talaaq, then he should make two reliable people his witness of his intention not to issue an Islamic divorce. The legal divorce will then not be regarded as Talaaq.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai