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Fatwa CenterOral divorce is effective even if not registered later
Question
Assalam AlaikumMy question is that I took khul' from my husband..during Iddah we remarried with new Mahar..after a year he divorced me...but it is not in written till today...he just said that...I am now married to my second husband since 2 years...I am still confused all that has happened was all right according to Islam??and if not how can it be rectified??...Please guide me and remove this burden from my soul
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.
We have previously said that divorce takes effect once the husband utters the words of divorce and that registering the divorce in writing has no effect on its validity (it is effective even if not written); please refer to Fatwa 151575.
If you married your second husband after the end of the ʻIddah (waiting period), then the marriage is valid; otherwise (if the marriage was conducted before the ʻIddah expired), then the marriage is invalid. Please refer to Fatwa 49197.
Based on the assumption that the second marriage is invalid, you are obligated to end it and leave him until the ʻIddah of the first husband ends. The second husband can remarry you after the ʻIddah expires according to the opinion of some scholars. Other scholars, on the other hand, held that in such a case the woman is to be deemed permanently unlawful to this man (second husband who married her before the end of the ʻIddah). In addition, scholars held different opinions regarding the overlapping of the two ʻIddahs in similar cases, and they have elaborated on both.
Hence, you are advised to refer the case to a legitimate Islamic court and consult a reliable scholar directly to investigate the matter further to be able to give you the appropriate judgment.
Allaah Knows best.
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