Question
My question is what are we supposed to do in this day and age when Qazis make it difficult to do Nikkah especially for divorced people. I'm divorced for 8 years, my ex gave one talaaq and we have lived separate with no reconciliation for 8 years, we also have the civil divorce from the supreme court in Canada.I want to get married to someone else and everyone we speak to starts interrogating whether I got 3 talaq and then say I'm not divorced as per Shariah Law. They are not following the correct Shariah Law so what are we supposed to do? That only leaves the option of zina. And they also refuse to do nikkah without a wali. When wali is not required for someone who is divorced and past her middle ages. One Qazi offered to do the legal marriage but NOT the Nikkah. This is the condition of the world we live in.
Islamic Ruling & Answer
VerifiedAccording to the situation you described, if your ex-husband gave only one talaq and there was no reconciliation during the iddah period, then the marriage ended after the iddah. So you are Islamically free, and there is no problem in marrying again.
As for people insisting on three talaqs everywhere, this is not correct. Even one talaq is enough to end the marriage if there is no reconciliation during iddah.
A civil (court) divorce can be helpful as proof, but in Shariah the main consideration is the talaq given by the husband, which, as you said, has already happened.
If some Qazis are making things difficult without proper understanding, then it is not necessary to go to them. You can approach another qualified scholar or Qazi who follows Shariah correctly.
Regarding a wali, according to the Hanafi school, an adult, sane, divorced woman can perform her own nikah. So not having a wali does not stop the marriage, although having one is better.
Therefore, it is not correct to think that zina is the only option left. A halal way is available you can do nikah with witnesses through a proper scholar or Qazi and move forward with your life.
May Allah make things easy for you.
Answered by
Mufti Tosif Qasmi
April 01, 2026