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Divorce After An Undocumented Nikah
Assalam-O-Alaikum Team Ghamdi Saheb!
I got into Nikah with a girl (without her parents knowledge and Islamic Nikah in presence of Gawahaan) , she got pregnant and to get ourself legally checked from Drs we decided to have documened Nikah (in her opinion this documented Nikah was fake and actually it wasn’t cause we were already Nikahfied as well).
After 2 months she started seeking for divorce as she had informed her mother , so to avoid fight and without Gawahaan and Niyaat ( as i loved her madly) i gave her first divorce and we again started meeting and we kept meeting (sexual relationship) for 9 months and than she again seeking divorce so again i sent her fake documents to avoid fight and without Gawahaan and Niyaat so as not to loose her , however after 3-4 weeks she again started demanding divorce 3rd copy i again sent her fake documents to avoid fight and without Gawahaan and Niyaat so as not to loose her.
Now she claims neither Nikah was done and if it was done that this is divorce.
I am about to get married officially with her , what should i do.
Was the divorced done or not?
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5 Replies
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Divorce After An Undocumented Nikah
updated 10 months ago
3 Members
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5
Replies
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There is no difference between an Islamic nikah and a documented nikah. In Islam, a nikah is a legal contract and it must be done with public knowledge. If the applicable law requires documentation, then it should also be documented.
Also there is no such thing as a fake divorce document. If you signed a divorce paper then it is a legal document.
If you require a formal fatwa, please fill out this form.
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Thereby when there was no publicly announced Nikah, divorce and Nikah are not even applicable hence forth i can have a publicly announced Nikah now with her if previously it wasn’t done with public knowledge.?
Your kind opinion on this and if it was Nikan than please see following line
More so as described by Ghamdi Saheb i had done Rajoo (رجوع)within 90 days of first Talaq and remaining 2 talaq were sent under pressure as well within 25 x days , thus seeking your guidance is it effective Divorce or Not
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Unless a nikah is publicly announced, it does not meet the fundamental requirements of marriage therefore divorce and rujoo have no meaning. If such a mistake is committed, then both the man and the woman should sincerely repent to God. Afterwards, if both parties agree they can also do a proper nikah.
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Based on this conversation may i have Fatwa issued by your office
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The link is provided in the first post of Faisal sb
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