My husband agree to give divorce on my demand.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum 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:
my
husband agree to give divorce on my demand but it is been written in stamp
paper with referance to one advocate, but it is not been attested from
majestate,will this kind of divorce is acceptable. and i got remarriage, is
this marriage is legal according to shariah. pls answer my Q
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Answer:
Husband declare
divorce
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final).
As long as your husband has pronounced a declaration of
divorce upon you in the marriage, absolutely regardless of whether it is in
writing or even only verbal..it will constitute a legal divorce in the Sight
of Shariah Law and of Allah Subhanah.
The documentations of divorce, the stamp papers, the
advocates, or the attestation of a magistrate, etc. are but legal
documentations to prove your divorce in a worldly court of law if the need
arises to do so..all that is required for a divorce to be established in
Shariah Law is that the husband pronounce a declaration of divorce unto his
wife, absolutely regardless of whether it is verbal or in writing.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 228:
228 Divorced women shall wait concerning themselves for three monthly
periods; nor is it lawful for them to hide what Allah hath created in their
wombs if they have faith in Allah and the Last Day.
If after the declaration of divorce from your first
husband, you fulfilled the waiting period or iddah of divorce and
subsequently remarried another person, provided all the obligatory conditions
of a nikaah were honored, your new marriage will be considered absolutely
legal and valid in the Sight of Shariah Law and of Allah Subhanah.
Whatever written of Truth and benefit is only
due to Allahs Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and well
wisher in Islam,
Burhan
Wister