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Irrevocable Divorce - Need clarification


Total Posts: 1

Joined 2017-07-08




I have tried to research this online and I am even more confused now, so I am posting here as I do believe that Ghamdi Ji is an excellent scholar and absolutely enjoys his videos.  I have read upon the “The Islamic Concept of Divorce” by Dr. Shehzad Saleem posted January 1 1995 on this website and do understand the concept but need just a little more clarification.

So to keep it easy to understand will describe the scenario as follows and in paragraphs so that it is easy to refer to it if needed:

1- Couple gets married in Canada, Islamic marriage with Qazi and proper Nikah, which then was registered with the Canadian Govt to make it a legit Civil marriage in Canada. 

2- After few years, couple has issues and husband files a case in court for divorce, custody and all financial issues.  The court grants the divorce and all issues are settled.  The husband does not give Islamic divorce with the word “Talaq” and from what I have read since divorce can only be given by husband, and it was the husband who filed the court case, and he chose to appoint Canadian court to grant the divorce, the civil divorce is also classified as Islamic divorce.  Therefore there is no need for a separate Islamic divorce in this case. 

3- Now fast forward 3 years and the husband wants to get back together with wife.  According to him the Civil divorce is classified as “First Talaq” and as he did not try to reconcile during the “iddat”, 3 months time , now the divorce becomes “Irreconcilable Divorce” with minor issue.  He says that he can still take the wife back but he must remarry her with a new Nikah and dowry. 

So these are my questions:

1- Would the civil divorce be considered the “First Talaq”?
2- Can the husband now remarry the wife with a new Nikah and dowry?
3- If the answer to the questions is Yes, then please quote me some references and fatwas so that it is clear to me and the wife can go accordingly without committing any sin unknowingly.

Thanks for all your responses!