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Divorce takes place even without getting a divorce certificate

Question

after husband conversion to islam and also pronouncing three times talaq and getting divorce certificate from arbitrary council does christian marriage becomes null/void?

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

We have previously clarified in Fatwa 92352 that Allaah, The Law Maker, put divorce in the hands of the husband and whenever he initiates divorce to his wife, it takes place. This applies to whether the wife is Muslim or is from the People of the Book. So, please refer to the above Fatwa.

With regard to getting the certificate of divorce or not getting it, then all this does not affect divorce. Getting the divorce certificate only confirms that divorce had taken place.

However, you did not clarify to us whether these three divorces were intervened by the husband taking back his wife or not, and if it was not so, whether or not the husband intended to confirm with the second and third divorce the first divorce. If the husband had taken back his wife, then this means that three divorces had taken place according to the agreement of the scholars  may  Allaah  have  mercy  upon  them.

In case he told her ‘you are divorced’ and repeated this three times consecutively, then divorce takes place three times according to the majority of the scholars  may  Allaah  have  mercy  upon  them unless he intended with the second and third divorce to confirm the first divorce, in which case, only one divorce takes place.

In case three divorces took place, then the wife becomes forbidden for her husband and she does not become lawful to him unless she marries another man [a sincere marriage and he consummates the marriage with her and then he divorces her or dies].

For more benefit on the kinds of divorce, please refer to Fatwa 82541.

Allaah Knows best.

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