Sunday, December 1, 2013

Fathwa, - Marriage before legal divorce is complete




Question:
I have recently divorced my wife Islamically with 3 Talaq's. According to Islamic Law, she is no longer my wife, we are divorced. However, according to Canadian Law, we are only seperated and not divorced yet. We must be seperated for 1 year before we can get a legal divorce in Canada. My question is in regards to marrying another woman. Can I marry another woman through Nikah before I am divorced through Canadian Law, or do I have to wait until that legal divorce is complete? It is illegal in Canada to be married to more than one woman at the same time. However, I believe that this only applies to trying to register more than one marriage at the same time. If the Nikah marriage is not registered with the Canadian government, then I do not believe I would be doing anything considered illegal in Canada, as they would not recognize my new Nikah marriage.
Answer:
In the name of Allah Most Merciful Most Compassionate
I pray you are well and in the best of health and iman.
It is permissible to have a nikah marriage before your divorce is finalized by the Canadian government. Then it would be advisable to register at that time.
And Allah alone gives success.









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