Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh
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:
You need to get a valid divorce according to both the laws of your country and the Shari`ah-based rulings.
Dr. Wael Shehab, PhD in Islamic Studies from Al-Azhar University and currently the Imam of the Downtown Toronto Masjid in Canada, states:
A Muslim spouse should apply the laws of his or her country as well as the laws of Shari`ah.
So, you need to get a valid divorce according to both the laws of your country and the Shari`ah-based rulings in order to be legally and Islamically eligible for re-marriage.
So, my advice to you is to contact a trustworthy lawyer to help you get a valid divorce according to the laws of your country . This should be in a way that enables you to get legally re-married.
Moreover, you should consult a local scholar or imam for counseling regarding divorce according to Islamic rulings.
The local imam will be more aware of your own conditions and circumstances.
Almighty Allah knows best.
Editor’s note: This fatwa is from Ask the Scholar’s archive and was originally published at an earlier date.