Agreement on letting one's divorcee remain in official papers as his wife

15-1-2014 | IslamWeb

Question:

There is a woman who lives in a European country and who reverted recently to Islam. Her husband divorced her by saying "you are divorced." However, there was a prior agreement between them to remain his wife in the official papers until he obtains the citizenship of this European country. Is it permissible for her to marry another man after the end of her ‘Iddah? May Allaah Reward you.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

What this man did with his wife is considered a valid divorce. It entails the end of the marital relation. If he does not revoke the divorce before the end of the ‘Iddah, it will be permissible for her to marry another man and the marriage certificate in such a case has no significance.

As for continuing to have this certificate of marriage without annulling it after the end of the ‘Iddah, this should not happen. There are many problems that may result from this case that such a woman may claim her right of financial maintenance, inheritance or attributing any born child to him, while there is no further relation between them. Such a matter also involves lying and resorting to trickery to achieve something that may be illegal.

Allaah Knows best.