Is Verbal Divorce Valid if Civil Law Rejects It?

Answered by Mawlana Ilyas Patel

Question

If civil law does not recognize verbal divorce, does that make unregistered verbal divorce Islamically invalid as well?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

Divorce in Islam will be valid through explicit, clear, and direct or implicit, allusive and indirect statements, regardless of state recognition. Even though, under Pakistani law, such a divorce has no legal effect, meaning the couple remains legally married. This lack of recognition affects NADRA records, inheritance, remarriage, and legal protection.

Divorce is of Two Types

• Clear and direct words (sarih)
• Allusive and indirect (kinaya)

Clear and direct words (Sarih) mean one clearly pronounces the word divorce or words derived from it, such as: “I divorce you” or “You are divorced.”

Allusive and indirect (Kinaya) means using words that are not exclusively prescribed for issuing divorce but allude and hint at it.

Clear and plain words effect divorce whether one intends divorce by them or not, while allusive words do not effect it unless one intends divorce by them or it is determined by the circumstance one is in. [Ibn ’Abidin, Radd al-Muhtar]

Refrain From These Types of Statements

Divorce is a serious matter and should only be executed after consultation with a scholar. Many people hastily say it and commit a grave sin simply because they didn’t follow the clear rules.

Remind yourself to refrain from these types of situations. The Messenger of Allah (Allah bless him and give him peace) encouraged us to say only the good,

“Whoever believes in Allah and the Last Day, let him say that which is good or be silent.” [Bukhari]

Given the considerations in such cases, we urge you to consult reliable local scholars about the situation’s specifics and how to proceed in your home country.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• Marriage and Divorce Archives – SeekersGuidance
• A Guide to Marriage: SeekersGuidance Reader – SeekersGuidance
• Why Marriage Contracts & Agreements Matter Seminar by Shaykh Faraz Rabbani (Video)
• A Reader on OCD and Waswasa (Baseless Misgivings)

Why not begin your search for knowledge by signing up for a course on SeekersGuidance? You can choose from the Islamic Studies Curriculum and progress through each course step by step.

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.