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Divorce Certificate With False Dates
I live abroad and husband went to home country in 2024. After going back, within few days his attitude changed and I could clearly sense that he didn’t want to keep any contact. Prior to that, we had issues of hime cheating, committing adultery but I gave him chances for the sake of kid. Finally after a month he went back, he stopped any contact. I visited home country the same year and the next year, but he never attempted to contact. Just a day ago, I received a divorce certificate from him via email. In the certificate, the date of notice was mentioned, date of failure if reconciliation was mentioned, date of effectiveness of divorce and date of entry. I live abroad and I never received any single notice from him, neither at my address abroad nor at my parents. I see it as misrepresentation of facts. The union council that issued the certificate is also different and none of us ever lived in that jurisdiction. He never paid my haq mahar either. I emailed him back and highlighted the misrepresentation of facts. Him, knowing that I was highlighting the flaws, came at me and said he thought I wanted the divorce in civil and respectful way. Whereas, I never wanted a divorce, I was just staying quiet and letting it be as it is with a hope he would eventually realize. He never paid a penny for the child during this time. Respected scholars here, please advice on the following:
1. Since a union council certificate was provided, has the divorce been implemented and there is no chance of revoking it? Even with new nikkah? Not that I am thunking about it but I want to see what options are available. Prior to this, around 5 years ago, he wrote three divorces in a message. And I remember, once he was in too much anger as I could see in his eyes, they were totally blank and he said that he will divorce me.
2. Since there is misrepresentation of facts in the certificate, since I never received any notice, could it be considered invalid? Or has the divorce still happened regardless?
3. I am just thinking, down the lane, if after couple of years he realises his mistake and wants to reconcile, is that an option even?
I could never imagine he would do this after 2 decades of marriage. I know he had been involved with a woman and he always said he would never marry her. A lot of times he saw that woma’s real face but never learned a lesson. I understand most of you might advice me to move on and honestly speaking, I was emotionally and mentally prepared for it, but I hoped he would at least do this final act like a man, not as a coward. So I want to explore my options. I stayed quiet for these years, sacrificed a lot, tolerated his infidelity with a hope that one day he will realize his mistakes.
Please respected scholars, advice on my questions. To be clear, my family never followed any fiq.. we are simply muslims. Please advice in the light of Quran.
جزاك اللهُ
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12 Replies
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Divorce Certificate With False Dates
updated 43 minutes ago
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12
Replies
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Also, I live abroad and I am employed. Do I need to observe Iddat? I cannot. I need to be working to be able to support myself and my child.
I forgot to mention in my original question, I never received any notice single notice from husband or from union council, neither was any attempt made by the union council or the husband for reconciliation.
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It does not look like that the process of one divorce at a time and sending one notice at a time was followed. Based on the divorce certificate, is it considered three divorces? Please please answer all my questions. I am under immense emotional pressure, alone abroad and have to deal with everything.
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Divorce with serious intention is effective, no matter whether you receive it on time or later. If the time of Iddat has passed since the time of the divorce, the nikah is no more. However, if you both agree, you can make a new Nikah.
If the iddat period is on, he can reconcile during iddat.
There are no special instructions for Iddat except that the husband should keep her in his house for the Iddat period because he is responsible for her expenses. However, if you are not living with him, there are no special restrictions for this period. The restrictions in our culture have nothing to do with Islam.
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Thank you Dr. Irfan. If I understand it correct, the divorce is effective. If both parties of the blue agree they can do a new nikah. Can u please tell me how the new nikah would be allowed with the same person in the light of Quran
Can you please advice if I can challenge the procedural defect in Pakistan? I feel he always gets away with everything and portrayed himself innocent. Not that I want a revenge but zulm sehna b zulm he hay, ispay awaz uthani chahye.
He hasnt paid my haq mahar, no child maintenance- i am well within my rights to claim for it – is that correct?
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You have the right to sue him.
According to the law of divorce, if a man gives a divorce (and it is not the third time) and does not reconcile with the iddat period, the marriage is over; however, a new nikah can be made.
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Thank you. A last question for my own understanding. If a new nikah is done, then, does the three divorces’ right is renewed too or only remaining two are left?
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It would be altogether a new nikah with new rights of divorce.
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Dr. Sahab thank you.
Please ye new right of 3 divorces ka koi islamic reference hay?
Thank you
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There is no difference among scholars in this matter. It is a unanimous opinion.
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My apologies for back to back questions.
I just wanted to confirm that the answer about new nikah with new three rights of divorce is in case if married with the same person?
جزاك اللهُ
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Yes. New nikah is altogether a new nikah with the same person, with three right of divorce
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There is an update : I just got hold of the paper from the union council and there is a stam paper stating “talaq nama” signed by 2 witnesses and this document states divorce for three times. Also, it states wrong amount of haq mahar and says that it has been given. My question is ;
1. Haq mahar statement is false. Amount is wrong. Can I challenge it? This is false.
2. Going back to same question, now in the even where the “talaq nama” states the divorce sentence three times, has it now become final and effective and there is no chance of new nikah with same person with new three divorces? Again, I never received any notices and never received this talaq nama. I had to pull some strings to get hold of these documents from union council office.
I would really like to understand this please.
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