Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
In Islamic law, divorce takes effect once properly issued, regardless of ongoing civil processes. If your previous marriage has ended under valid legal procedures, and all Islamic conditions for marriage are met, you may marry without waiting for full legal finalization elsewhere.
Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
You are wondering about your marital status in Islam since your divorce in Spain is finalized, but the German legal process is still ongoing. Here’s the good news:
Since your marriage was officially dissolved in Spain, which was your former husband’s country, you are already considered divorced Islamically.
In Islamic law, a divorce takes effect once it’s properly issued. It doesn’t need to be repeated or finalized in every single country or jurisdiction. The ongoing legal procedure in Germany primarily involves civil paperwork and doesn’t affect your marital status under Islamic law (Shari`ah).
Therefore, you are free to marry a suitable partner now, without needing to wait for the German legal process to be fully complete. You can proceed with your Islamic marriage contract, provided all Islamic conditions for marriage are met.
You can then complete the civil registration in Germany once the legal process is finalized.
The following fatwas provide further guidance:
- What Are the Conditions of Marriage in Islam?
- What Invalidates Marriage in Islam
- What Are the Procedure and Rulings of Divorce?
- Valid Reasons for Divorce in Islam
- Does Legal Divorce End Marriage?
- Can a Conditional Divorce Be Revoked in Islam?
- Triple Divorce in Islam
- Is Marriage after Husband’s Long Absence Valid?
- Should I Seek Divorce Because of Husband’s Long Absence?
Almighty Allah knows best.