Question
Islamically my husband has divorced me. My iddat has expired. However, the court 'divorce' has not yet been finalized. I want to get married immediately, but someone says that the Nikah will not be valid as long as the court divorce is not finalized. Is this correct?
Answer
The court 'marriage' has no validity in the Shariah. Thus even if the court papers are not finalized, you may marry. The person has misinformed you in this regard. The only thing that you will not be able to do before the court 'divorce' is to register your new marriage legally. But as far as the Shariah is concerned you can get married regardless of the court 'divorce' not being finalized.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 20 No 07
- PDF page
- 2
Appears under Questions and Answers (approximate).