if a couple has been married in court (ANC agreement) and islamically, and only divorced islamically, what are the consequenc

  • 06 Jul 2012 07:53:57
  • South Africa

Question

Slmz - if a couple has been married in court (ANC agreement) and islamically, and only divorced islamically, what are the consequences not having the marraige annulled legally?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to Shariah, the Nikaah (marriage) terminates when the husband pronounces the words of divorce to the wife. All the rules and laws of Talaaq (divorce) will be applied thereafter.

There are no Shar’ee consequences or implications further to that if the marriage was not annulled legally.

However, there may be certain legal implications if the marriage was not legally annulled. You may contact a legal expert who will advise you on those matters.

and Allah Ta'ala Knows Best

(Mawlana) Ismail Desai
Student: Darul Ifta

Disclaimer: The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific scenario in question. The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage. This answer may not be used as evidence in any court of law without prior written consent from the author. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.