My husband signed our divorce papers. But, seemingly to stop me from marrying after him, he refuses to give me a proper Islamic divorce. What can I possibly do?

Walaikum assalam,

1. If your husband signed the divorce papers, then he most definitely divorced you according to the Shariah too.

2. Divorce is not only through the word “talaq”. Sheikh Qudri Pasha explains, in his decisive codification of Hanafi personal law, al-Ahkam al-Shar`iyya fi’l Ahwal al-Shakhsiyya, which is a primary source for the personal law of several Muslim countries, and continues to be taught and used across the Islamic world:

“(Item 217)

The husband, not the wife, may sever the bonds of a sound marriage by divorce. The divorce of an sane adult husband is effective..

(Item 222)

Divorce may be effected in speech or in clear, understandable writing, whether signed by the husband or someone he has given agency to do so on his behalf…

(Item 225)

Divorce is only valid in specific ways or that which takes their place. This specific way may be explicit or indicative.

The explicit way is all words indicating the root meaning of T-L-Q (divorce) and other words that are customarily used [by people] in divorce such that they are only used for divorce, this being valid in any language, or that which takes the place of explicit speech such as clear, understandable writing…” [Qudri Pasha, Al-Ahkam al-Shar`iyya fi’l Ahwal al-Shakhsiyya]

Therefore, once your waiting period (`idda) is over, which starts from the time the divorce was effected, you are legally free to marry and continue your life freely.

Do not hesitate if you have any questions.

Faraz Rabbani