Is an Islamic divorce (Talaq) valid without a corresponding legal divorce?

01 Feb 2023 Ref-No#: 4592

My wife requested a divorce from me.   She was upset when she requested it.  I had her speak to an imam and person of knowledge to confirm this is what she wanted.  After 4 weeks, she did not change her mind.  I granted her the divorce via email (we currently live in different countries), by writing her, “Talaq [Name].  I grant you your divorce.”

Question: Is this a valid divorce islamically?

Subsequent to this, I am attempting to apply for the proper legal divorce, however she does not want to cooperate.

Question 2: Is a divorce valid islamically if it is not valid legally? (i.e. Can she remarry Islamically?)

JizakaAllah Khahir for your guidance.

Answer

Wa’alaykum as Salām wa raḥmatullāhi wa barakātuhu,

Talāq takes place as soon as a person utters the words to his wife. As such, your marriage has broken. There is no need for a legal divorce. Her ‘Iddah has commenced the minute you uttered the words of divorce. Once her ‘Iddah is complete, she may re-marry.

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