A woman files for divorce but the husband neither signs the papers, nor verbally divorces her

As-salaamu ’alaykum,

I need your advice regarding my divorce. Please note that I am divorced under Canadian law, I have received my divorce certificate. My husband and I have had no communication afterwards, does this amount to a divorce Islamically? I filed for divorce in February 2013, when he was served the papers he did not (at any stage) respond or communicate whether he did or did not want this divorce.

 بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

Getting a legal divorce is not necessarily sufficient for an Islamic divorce to occur. Likewise, merely not having any relation or contact for years would also not constitute a divorce. For divorce to occur, it is necessary for the husband to issue a verbal or written divorce. Another option for separation is khul’a, in which the husband agrees to divorce the wife in exchange for a sum of money or in exchange for the dowry that he has given to the wife. 

If none of those options are possible, the nikah can be nullified by an organized committee of scholars if there is sufficient cause. 

والله اعلم

Allah subhanahu wa ta’ala knows best.

Sulaiman Yusufi

Approved by Mufti Husain Ahmad Madani