Separation by a court is not a Shari‘a separation

Question

Question: (1) Here in London I contracted a civil marriage with a Muslim girl in accordance with the law here. Its substance is that in the court here, before three Muslims, I declared: “I make this girl my wife and accept her as my wife.” Likewise my wife, in the same sitting (majlis), declared that she accepts me as her husband. But so far our Islamic nikah has not taken place. Has this nikah of ours taken place or not? (2)

Answer

(1) By saying it in this way before Muslim witnesses, a Shari‘a nikah has taken place. (2) If the court effects a separation merely at the girl’s wish, talaq will not take effect thereby; rather, she will remain your wife as before.

Source: Fatawa Mahmudiyya

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