Divorce rulings issued for Muslims in non-Muslim countries
Question
After my marriage in Egypt, I took up residence with my wife in London. Due to marital disputes, my wife filed for a divorce in the English courts. She was granted a divorce even though I did not sign in agreement and did not divorce her the Islamic way. I still consider her as my wife to this day. Following the court’s notification of the divorce, my wife expressed newfound affectionate towards me, leading to a period of intimacy between us. Disputes emerged once again, and my children informed me that she is involved with another man. Eventually, I discovered that she had married another man. Is the divorce granted by the English courts recognized as valid in Islamic law? Is her marriage to the other man considered valid?
Answer
The divorce rulings of Muslims residing in non-Muslim countries are not recognized as valid in Islamic law until the Muslim husband gives his consent or such rulings are certified by an Islamic center authorized to handle matters of marriage and divorce.
Based on this, provided the husband did not give his assent to the divorce ruling and it was not ratified by an authorized Islamic center there, this divorce is deemed invalid under Islamic law and carries no legal consequences within that framework. Therefore, the wife’s marriage to the other man is invalid. If this woman wishes to marry someone other than her first husband, she must have the divorce ruling validated by the authorized Islamic center in London, should her husband refuse to give his consent. Until that time, she remains married to her first husband in accordance with Islamic law.
And Allah Almighty knows best