Divorce (talaaq) counts as such even if it is not registered in court

Dear Brothers & Sisters,
As-Salaamu-Alaikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Does a Muslim divorce have to be registered legally as in other religions?.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Check below answers in case you are looking for other related questions:

Praise be to Allaah.

It is not essential for divorce to be written down or recorded; divorce takes place as soon as the words are uttered. So if a man said to his wife, “You are divorced” or he says, if she is absent, “She is divorced” or “I have divorced her” and similar phrases, then it counts as a divorce. It is not essential that it be witnessed or that it be done in court or in front of the wife. 

Recording the divorce and proving it in court is the correct action, so as to protect people’s rights and prevent tampering with the limits set by Allah, especially if it is an irrevocable divorce, such as if he has divorced her three times. In that case, the sharee‘ah court has to be notified of that and issue documentation, so that the woman who has been divorced can remarry if she wants to, and so that the husband’s rights will be protected and the divorced wife will not ask for maintenance after an irrevocable divorce. 

To sum up: divorce takes place once it is uttered or written with the intention of divorce. As for recording it and documenting it, this is to protect rights and is not a condition of divorce taking place. 

And Allah knows best.

Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Related Answers:

Recommended answers for you: