# Does a civil divorce count as an Islamic divorce?

*Is a civil decree absolute an Islamic divorce?*

- URL: https://muftiabulayth.org/r/kwmtt2tqao0/s/6/
- Date: 2020-08-24 · Kind: question · Transcript tier: machine · Recording: Monday Nights with Mufti #179 | Q&A Unscripted & Unrestricted! 😉 | Mufti Abu Layth (23:48–25:06)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=KWmtt2TQAO0&t=1428s
- Recording page: https://muftiabulayth.org/r/kwmtt2tqao0/

**Topics:** Divorce

**Question as asked:** Is a decree absolute enough?

**Summary (not a quotation; machine-made, unchecked):** Usually not: a civil divorce is not an Islamic divorce by default, unless the husband intended talaq, and an irrevocable divorce from a Sharia council is better.

**Checked position (checked by two independent reviews, not by the channel):** Mufti Abu Layth says a civil divorce is not an Islamic divorce by default.

**Evidence, his words at 23:48:** “a civil divorce is not an islamic divorce and a civil marriage is not an islamic marriage per se” (https://www.youtube.com/watch?v=KWmtt2TQAO0&t=1428s)

## Longer summary

A related superchat asks whether a decree absolute is enough. Mufti Abu Layth says usually not: a civil divorce is not an Islamic divorce and a civil marriage is not an Islamic marriage by default, though they can overlap. If the husband had the intention of talaq when he did the civil divorce, that would trigger it, which then depends on his declaration. He adds that a husband's talaqs can be revocable and cancelled without telling the other party, which is why it is better to get the irrevocable divorces that Sharia councils give.

## Sources and names cited

- talaq

## Transcript (machine tier, 23:48–25:06)

[23:08] um now not having that in most masjids would mean that they won't conduct any care it's like asking for your proof of id you know they will ask for have you got proof of id and i understand these things do cost unfortunately but uh yeah that uh there's not much i can really add to that it is um fortunate i guess g hey but it is the way it's like when people get married they get a nikka certificate and they pay so much to do a nicara and but these things on the on the flip side these are not things that you will be doing so often in life

[23:47] you will probably do this maybe once in your entire life maybe twice it's not actually something that's so repetitive generally speaking some e has super chatted you do and it you do and it is a quick question related to that is a decree absolute enough no it isn't usually so a civil divorce is not an islamic divorce and a civil marriage is not an islamic marriage per se they can have overlaps but they're not uh technically uh by default they do not cover it they

[24:26] you see saying that but when he did the civil divorce he had the intention of talaq and thereby it triggers would now be dependent contingent to his upon his declaration that he did that and then there's other problems you see because husbands talks this is another thing that sometimes people don't know they are that means they can revoke them and cancel them and they can do that without telling the other party so this is why it is always better to get objective talks like that sharia councils give because

## Cite

Mufti Abu Layth Archive, segment KWmtt2TQAO0/s/6. https://muftiabulayth.org/r/kwmtt2tqao0/s/6/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.