How Can A Married Woman Without A Civil Marriage Divorce?
How can a married woman without a civil marriage divorce?
Registration of nikah is important in order to protect the parties’ rights. However, sometimes, people may get married through a ceremony that is publicly known as religious nikah. In the event that a matrimony concluded in this form becomes impossible to maintain for any reason, getting divorced becomes an option. Under these circumstances, the most appropriate course of action is the mutual consent of the parties as to get divorced. In this context, man should not insist on abstaining from a divorce just to hurt his wife (Baqarah, 2/231). If the spouses fail to make a mutual decision about getting divorced and the husband insists on continuing the marriage, parents of the both parties should assign an arbitrator to reach a conclusion as the couple will not be able to file a lawsuit for a divorce since they don’t have a civil marriage (Nisa, 4/35).
In the event that one of the families is not willing to assign an arbitrator, a responsible relative of the concerned party may choose a just and impartial arbitrator. Religious scholars have different opinions with regards to the arbitrator’s authority. Imam Hanafi and Imam Shafiʽi assert that the duty of an arbitrator is arbitration, and they may not bring the matter to a conclusion unless both of the parties agree (Shafiʽi, al-Umm, V, 494-495; Jassas, Ahkam al-Qur‘an, III, 154; see Shirbini, Mughni al-Muhtaj, III, 344-345).
Imam Malik, on the other hand, is of the opinion that arbitrators may give a judgment with regards to the termination or continuation of the marriage depending on the conditions (Jassas, Ahkam al-Qur‘an, III, 152; Ibn Rushd, Bidayah, II, 99). The Ottoman Family Law also legalized this judicial opinion (Ottoman Family Law, art. 130).
Based on this, if the man does not want to get divorced, a woman may break up with her husband through arbitrators.
Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA
