Does my civil divorce count as sharee talaq
I have a question regarding the issue of Talaq.
I gave my first talaq in october of last year. After that talaq we both issued a civil divorce(together) at the dutch state. Keep in mind i did not knew that there was a possibility that our sharia talaq could also come in to place with a civil divorce. So i (as the man) did not intend to divorce in Sharia, just to put the civil aspect of it away.
And because after the first talaq she went back to her mother house i still payed more tax and the state gave me back a lesser amount, thats why i wanted the civil marriage to end of the extra costs. After the first talaq we came back together and after that i gave her a second talaq in november i assume. In the meantime the civil divorce procedure still was going on And now 3/4 months later we got a message that the civil divorce is finalized. It was not a court where i did say “i divorce you” or anything in that matter.
And now we wanted to come back again and give it one last shot with the will of Allah.
But the question is, will the civil divorce count as a shar’ee talaq? Without even knowing or intending for it, and not using any words that
Would constitute a talaq. Keep in mind that the civil divorce was requested back when the first talaq was given.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu alaykum wa-rahmatullāhi wa-barakātuh.
Respected brother,
If the civil divorce process was only to comply with the country’s civil and legal aspect and you had not intention of another talaq then it would be considered as an information of divorce.
Hence you two can live together as husband and wife, but the procedure will vary according to the words you used for divorce and the time after divorce.
We would encourage you to go to a fiqh council of your area for such major life decisions. There are subtleties which needs to be taken into account before giving a fatwa.
If you used clear words like divorce and talaq then you can reconcile within iddah period (3 menstrual cycles for menstruating women 3 months for non menstruating women) of your wife.
If you used words with meanings other then divorce or the iddah period of your wife has passed then you will have to make a fresh nikah with 2 male or 1 male and 2 female witnesses present and mahr (wife’s wedding gift).
And Allah Ta’āla Knows Best