is there a need 4 a uk divorce?

[wifeseeker]

salaam evry1.
a friend o'mine married from pak n bought his wife over after the first year. she lived with him 4 11 months b4 they had problems n he took her bak 2 pak n gave her 1 talakh n came bak n left her there. they hav no kids.
he has no intention watsoever of reconciliating the marriage n wants 2 remarry in the uk. is he now divorced in a uk court of law or does he need a uk divorce b4 he does so as she is not a uk citizen n can't come bak?
or can he still marry islamically n will that count in a court of law in the uk?

[Riceball]

A muslim must obey and respect the law of land he is living in.

Edit - Obviously if the law tells him to disobey allah and his messenger, then he has the right to NOT obey.

[al_islam]

A muslim must obey and respect the law of land he is living in.

wheres ur prrof...refs ?

[Riceball]

wheres ur prrof...refs ?

Again? :(

This is from my fiqh lessons ages ago. I will look it up and give you refs.

[al_islam]

Again? :(

This is from my fiqh lessons ages ago. I will look it up and give you refs.

please do....give a fatwa if u have one...in arabic and stamped by al azhar would be preferable.

[parwaaz]

A muslim must obey and respect the law of land he is living in.

but if his marriage was not registered in the Uk (just Islamic nikah & certificate as prove), is it still necesary for him, to obey the law of land he is living him, to follow the UK rules about divorce?

[Riceball]

please do....give a fatwa if u have one...in arabic and stamped by al azhar would be preferable.

“Muslims living in non-Muslim countries are to respect the symbols of those countries such as the national anthem, national flag etc. This is part of what citizenship dictates as per modern customs. I’d like to make it clear that there is a far cry between this simple form of showing loyalty and the other forms acts that imply a blind loyalty to un-Islamic regimes, overlooking the hostile trend adopted by those regimes against Muslims. It is worth mentioning here that the Prophet, peace and blessings be upon him, spent more than thirteen years in Makkah without showing any form of disrespect to the symbols of polytheism. For him, it was enough not to participate in the pagan rites prevalent in that society and he warned the people of Quraysh against worshipping them.

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545802

Different question, but same idea. The point is, if speed limit is 30mph. we DO 30 mph. Unless allah said its haram to do 30mph.

Stupid analogy. lol :)

[Riceball]

but if his marriage was not registered in the Uk (just Islamic nikah & certificate as prove), is it still necesary for him, to obey the law of land he is living him, to follow the UK rules about divorce?

So how is he living with her in UK, if they are not registered as married by British law? boyfriend girlfriend style? I think thats cheating to dodge the system.

BUT I am not sure if its halal or haram. Thats my personal opinion. :up:

[al_islam]

http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545802

I avoid secondary sources like that website and many others.

These avoid the Ijma of the Ummah and some times lead people astray.

'Is it permissible to get a mortagage living under such laws ? '

Often brings out the most ikhtilaf.

If you want to respect laws that dont affect the shariah , then all good ad well. When you are asked to do something agaisnt the shariah it is best advised to leave such a thing. Allah knows best.

[wifeseeker]

they r not living together nemore ie he is in the uk n she is in pak.

[Phoenix CG]

well if its a registered marriage in the uk, from before, I think from a common sense pov it should be, because you don't wanna carry any baggage with that, I don't know whats involved in it too much...but the fact that it will say he is still married to her, thats kinda like no thanks

[Joha]

salaam evry1.
a friend o'mine married from pak n bought his wife over after the first year. she lived with him 4 11 months b4 they had problems n he took her bak 2 pak n gave her 1 talakh n came bak n left her there. they hav no kids.
he has no intention watsoever of reconciliating the marriage n wants 2 remarry in the uk. is he now divorced in a uk court of law or does he need a uk divorce b4 he does so as she is not a uk citizen n can't come bak?
or can he still marry islamically n will that count in a court of law in the uk?

simply put, you should really go and ask a divorce lawyer - *but* the UK does recognise Islamic marriages as long as they are contracted in a place where those marriages are legally valid. Therefore if they were married in Pakistan, and he brought her over - he must have shown to the authorities that they were married.

In which case, even if he divorces her the Islamic way, (ie. not through a court of law), I have a feeling in the eyes of the law he is married, and if he marries again here - he can be charged with bigamy.

To be sure, go and talk to a divorce lawyer - this isn't the best place to ask.

[Deeds]

:salams

As the marriage is legally recognised in Pakistan, she would have also been recognised in the UK as his legal wife when applying for a visa for her to enter the country.

What he must do is is get a legal divorce in Pakistan. That way he will not need to get a civil divorce in the UK. As his divorce issued by Pakistani courts will be recognised.

It is not enough that he says he has verbally divorced his first wife he will need paper proof of this; before he can marry again in the UK in a civil ceremony.

As for performing a Nikah he does not need civil approval for that, but some Mosques do have a prerequisite for there to be a civil certificate before they will issue a Nikah certificate.

[wifeseeker]

thanks 4 ur help ppl. i'll let him know.

[Ibn Khattab]

wifeseeker have you found a wife yet :outta:

[Treasured Soul]

why not just ask a lawyer if he needs a british divorce or not :confused:

[wifeseeker]

no i'm looking 4 one