Welcome to TLR

Divorced proceedings

Joanne

Member
Hi I need some information I got married to a Tunisian 5 years ago 2 weeks after I married him I found out he was cheating. I have a son with him.. I'm from england and I got married in Tunisia but he said that he would divorce me after 2 years of arguments ect... I've not heard anything and he has blocked me and changed his number so I'm not sure if he has continued with the divorce.. I dont have no papers from the marriage I just have the no impediment papers that I brought from England.. it's now been 5 years and I need to find out if he divorced me or not... can anyone help me with this..thanks
 

Hannah Rayyan

Ratslayer
Hi I need some information I got married to a Tunisian 5 years ago 2 weeks after I married him I found out he was cheating. I have a son with him.. I'm from england and I got married in Tunisia but he said that he would divorce me after 2 years of arguments ect... I've not heard anything and he has blocked me and changed his number so I'm not sure if he has continued with the divorce.. I dont have no papers from the marriage I just have the no impediment papers that I brought from England.. it's now been 5 years and I need to find out if he divorced me or not... can anyone help me with this..thanks
Hi Joanne,

It’s complicated a bit. May I ask a few questions? When you married him did you convert or his he a Christian?
Did you register your marriage in Tunisia at any one of your embassies?
You might need to reach out to the embassy in England to assist you.

According to Syariah law, if any one spouse is in no contact for 6months or more you can request for a divorce on your side and obtain proper documentation.

My advice is for you to seek advice at any local community mosque first if he is a Muslim. They would definitely be able to give advice. I would recommend Regent’s Mosque in London if it isn’t too far. Don’t let him tie you down like this.
 

ButterflyBee

Major Ratslayer
Hello, sorry you’re going through such a nightmare. If you have any friends or contacts in Tunisia you can request a copy of his birth certificate there (it’s cheap i think only a couple of pounds) and it will state on there if he is married to you or not.
 

Tinker-lulu

Major Ratslayer
Hi I need some information I got married to a Tunisian 5 years ago 2 weeks after I married him I found out he was cheating. I have a son with him.. I'm from england and I got married in Tunisia but he said that he would divorce me after 2 years of arguments ect... I've not heard anything and he has blocked me and changed his number so I'm not sure if he has continued with the divorce.. I dont have no papers from the marriage I just have the no impediment papers that I brought from England.. it's now been 5 years and I need to find out if he divorced me or not... can anyone help me with this..thanks
Joanne if you didn’t get married in England as well he can do what he likes however those Muslims who have a Muslim only ceremony in England they also have to have a marriage in a civil register in England to be legal
 

Mica

Administrator
Staff member
Hi I need some information I got married to a Tunisian 5 years ago 2 weeks after I married him I found out he was cheating. I have a son with him.. I'm from england and I got married in Tunisia but he said that he would divorce me after 2 years of arguments ect... I've not heard anything and he has blocked me and changed his number so I'm not sure if he has continued with the divorce.. I dont have no papers from the marriage I just have the no impediment papers that I brought from England.. it's now been 5 years and I need to find out if he divorced me or not... can anyone help me with this..thanks
It will say on his birth certificate if he's still married or divorced.
You can order a copy of his birth certificate online, I will try to find the link for you.
 

Etoyoc

Major Ratslayer
According to Syariah law, if any one spouse is in no contact for 6months or more you can request for a divorce on your side and obtain proper documentation.
The laws of Syriah (namely the ones for syrian muslims) are different from those in Tunisia. Most importantly, the marriage in Tunisia is a civil law matter, not a religious one - there is also no religious family/sharia court in Tunisia, but an office of civil etat instead. A lawyer in international private law can tell exactly how a divorce in a specific case can take place, since the proceeding is different for each country and for each possible combination of nationalities, religion won't play a role in this.
 

Hannah Rayyan

Ratslayer
The laws of Syriah (namely the ones for syrian muslims) are different from those in Tunisia. Most importantly, the marriage in Tunisia is a civil law matter, not a religious one - there is also no religious family/sharia court in Tunisia, but an office of civil etat instead. A lawyer in international private law can tell exactly how a divorce in a specific case can take place, since the proceeding is different for each country and for each possible combination of nationalities, religion won't play a role in this.
Ah ok, thought maybe she was in England or something. Syariah law in Malaysia is very much part of everything here for the Muslims. We register our marriage with the Syariah court unless if you are a non Muslim then it’s at civil level.
Why we do this is because you know that the proceedings compared to other religions are very clear- for imam purposes, if the woman requires a wali from her family or wali hakim (judge) and then they need to register it so that the children are also legally protected under Syariah law in case of death or divorce. We are very much particular over here and if we don’t follow the correct proceedings it is considered a non legal marriage.
Thus, that’s why I mentioned if the spouse has disappeared with no word for 6 months he or she entitled for a divorce even if the missing spouse is found dead or alive in the end.
 

Hannah Rayyan

Ratslayer
The laws of Syriah (namely the ones for syrian muslims) are different from those in Tunisia. Most importantly, the marriage in Tunisia is a civil law matter, not a religious one - there is also no religious family/sharia court in Tunisia, but an office of civil etat instead. A lawyer in international private law can tell exactly how a divorce in a specific case can take place, since the proceeding is different for each country and for each possible combination of nationalities, religion won't play a role in this.
But I do find it a bit strange - sorry to say and not to offend but Syariah law is universal with all Muslims in every country.
That’s why I asked whether she married a Muslim or non Muslim. It’s very particular because we also have separate Syariah courts, Syariah lawyers, Syariah Judges. In fact those that study law in general will touch the basics of Syariah Law too. You can see this in the syllabus of international universities.
I’m just having an open discussion here as now I find it quite an interesting topic to share. Read on if interested:

We’ve had many problems with death especially- in Syariah law, if the wife has a son then all monies automatically without question is her entitlement. If however she only has a daughter(s) it is obligatory the husbands family to take care for her and her children (very specific right) and not anyone from her family.

Polygamy- a favourite topic amongst all is already forbidden if the husband hides his marriage from the first or second or third wife and is deemed unfit if he uses his wife’s money to marry another (what a turd anyway).

Oh man I can go on and on sorry I just got carried away.
 

Butterflies

Major Ratslayer
But I do find it a bit strange - sorry to say and not to offend but Syariah law is universal with all Muslims in every country.
That’s why I asked whether she married a Muslim or non Muslim. It’s very particular because we also have separate Syariah courts, Syariah lawyers, Syariah Judges. In fact those that study law in general will touch the basics of Syariah Law too. You can see this in the syllabus of international universities.
I’m just having an open discussion here as now I find it quite an interesting topic to share. Read on if interested:

We’ve had many problems with death especially- in Syariah law, if the wife has a son then all monies automatically without question is her entitlement. If however she only has a daughter(s) it is obligatory the husbands family to take care for her and her children (very specific right) and not anyone from her family.

Polygamy- a favourite topic amongst all is already forbidden if the husband hides his marriage from the first or second or third wife and is deemed unfit if he uses his wife’s money to marry another (what a turd anyway).

Oh man I can go on and on sorry I just got carried away.
Don't feel sorry it is interesting to read I am sure there will be members here who like reading it:). And yes I agree with you this man would be a turd lol :D
 

Hannah Rayyan

Ratslayer
Don't feel sorry it is interesting to read I am sure there will be members here who like reading it:). And yes I agree with you this man would be a turd lol :D
Because this would have been my first marriage (I’m 36), I had to attend a marriage course that is compulsory here. Our Syariah courts have realised that people just get married left right and centre without having any knowledge of their rights in their own marriages and it was quite alarming. So they came up with this initiative to do a 2day course for everyone (Muslims only) that had the intention of marriage. Taken only once in a lifetime.
The course covers everything from the marriage process, child birth, divorce, death, remarriage, polygamy, husband’s duty, wife’s duty, even praying, marriage counselling, domestic violence and abuse, inheritance- like everything and also case studies of what went wrong during the process’s and proceedings etc etc. These courses are also available for those that marry into Muslim families too- basically telling you what you’re getting yourself into but mainly to protect your rights.

Honestly speaking, if a Muslim man does not consider thinking that you will one day be a Muslim- it might not last forever- words spoken by a rat.
 

ButterflyBee

Major Ratslayer
But I do find it a bit strange - sorry to say and not to offend but Syariah law is universal with all Muslims in every country.


I’m not sure if the lady who posted is Muslim or not but I’d thought I’d share a bit of my experience as I hope it’ll help your curiosity. As mentioned above in Tunisia to be ‘legally’ married you sign the paperwork as you would in for example England and the country recognises you as a married couple as you are legally married. Me and my husband are both Muslim so we had an Islamic ceremony and then a couple of days later registered the marriage with the country too so it was legal in the eyes of Tunisia. I guess that if the lady is not Muslim and they did not do both ceremonies then they are legally married so has nothing to do with Sharia law.
 

Hannah Rayyan

Ratslayer


I’m not sure if the lady who posted is Muslim or not but I’d thought I’d share a bit of my experience as I hope it’ll help your curiosity. As mentioned above in Tunisia to be ‘legally’ married you sign the paperwork as you would in for example England and the country recognises you as a married couple as you are legally married. Me and my husband are both Muslim so we had an Islamic ceremony and then a couple of days later registered the marriage with the country too so it was legal in the eyes of Tunisia. I guess that if the lady is not Muslim and they did not do both ceremonies then they are legally married so has nothing to do with Sharia law.
It is registered under Syariah Law here as the children if any will automatically be Muslim. So as you see, complicated already.
 

Hannah Rayyan

Ratslayer
Sorry what do you mean?
It is registered under Syariah Law here as the children if any will automatically be Muslim. So as you see, complicated already.
[/QUOTE

The sensitive part about intefaith marriages between a Muslim man and a non Muslim woman is that their children will be Muslims. So claiming their rights as son or daughter is done under Syariah law.
 

Hannah Rayyan

Ratslayer
Sorry what do you mean?

This is the basic procedure:

requirements for a marriage between a Muslim man and a woman who follows either Christianity or Judaism are the same as for an Islamic marriage. From the Islamic point of view, a woman does not have to change her religion and convert to Islam for such a marriage to be valid. Marriage in Islam requires making a spoken offer by the bride’s father or guardian and its acceptance by the groom. This must be in the presence of a minimum of two witnesses. The witnesses are normally Muslims.
By witnesses to a marriage contract, we mean the people who are present at the time when the offer and its acceptance is made. They do not have to be official witnesses and put their names on any document. Therefore, if you invite several friends to the marriage ceremony, whether it is made in a registrar’s office, a mosque or at home, their presence is sufficient.
The other requirements are the presence of the bride’s father or guardian and agreement upon a dowry to be paid by the husband to his wife.
 

Hannah Rayyan

Ratslayer
Sorry, I just found out:

Tunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status, considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956.

In which case read this:

It get a tricky because most Muslim countries are governed under Islamic Law:

Question: My husband and I were married in the US. I am a Muslim and he is a Christian. We moved to Dubai with our three children nearly five years ago after he was offered a job. Recently my husband has begun to change his behavior towards us, acting abusively. He previously cheated on me but I forgave him. I no longer want to live with him but I am unsure how to get a divorce in Dubai if my marriage was not legalised here in the first place.

Answer: The UAE is governed by Islamic law under which it is prohibited for a Muslim woman to marry a non-Muslim man. This law makes your marriage invalid in the UAE.
Regardless of the nationality of the residents, the following Islamic provisions apply to marriages in the UAE: the groom and the bride must be Muslims,

and if the groom is Muslim, the bride must be Muslim, Christian or Jewish. A Muslim man may marry a woman who is a Christian or a Jewish provided that the marriage is contracted as per Islamic rituals. It is therefore likely that a divorce application in the UAE will be dismissed on the grounds that the marriage was not valid in this country to begin with. The wife can submit an application to the court requesting an annulment of her marriage because it is invalid. It should be noted though that on applying for the annulment, the court may ask to refer the case to the Prosecution for criminal investigation to see there was a physical relationship between the couple and if they were living together - which is illegal in the UAE unless the couple is legally married.

So in other Islamic countries it’s different.
 

ButterflyBee

Major Ratslayer
This is the basic procedure:

requirements for a marriage between a Muslim man and a woman who follows either Christianity or Judaism are the same as for an Islamic marriage. From the Islamic point of view, a woman does not have to change her religion and convert to Islam for such a marriage to be valid. Marriage in Islam requires making a spoken offer by the bride’s father or guardian and its acceptance by the groom. This must be in the presence of a minimum of two witnesses. The witnesses are normally Muslims.
By witnesses to a marriage contract, we mean the people who are present at the time when the offer and its acceptance is made. They do not have to be official witnesses and put their names on any document. Therefore, if you invite several friends to the marriage ceremony, whether it is made in a registrar’s office, a mosque or at home, their presence is sufficient.
The other requirements are the presence of the bride’s father or guardian and agreement upon a dowry to be paid by the husband to his wife.
Yes I know all of that but I thought your original question was about Sharia law in Tunisia is all
 

ButterflyBee

Major Ratslayer
Sorry, I just found out:

Tunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status, considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956. So in other Islamic countries it’s different.
Yes it’s different in each country, for example here in Tunisia a Muslim woman is allowed to marry a non-Muslim man.

So regardless of if the lady who posted this thread had been estranged from her husband for 6 months it wouldn’t make them divorced here as Tunisian law is civil law.
 
Top