Divorce - Issued by a non-Islamic court

[Logic lover]

What is the validity of a divorce decree issued by a court/judge not ruling by the laws of Allah?

This is a common problem not just in the non-Muslim lands but also in the vast majority of the Muslim lands where the laws of Allah - are not being implemented.

It is stated that given the choice - a Muslim must not resort to a non-Islamic court, for doing so would imply abandoning the laws of Allah in favour of the laws of disbelief. Hence, an act of kufr in itself (Quran 4:60).

However, when Muslims are faced with a situation where there are no other legal avenues to settle their disputes, including the matrimonial ones - what should one do?

If a Muslim attends a court because he has been summoned by the Judge - it would appear in that case that he/she is under compulsion, hence the exemption from being committing kufr due to the apparent recognition (as long as he/she does not mentally recognise the supremacy of the court).

The following is an example of the problems which we are facing in UK also:

The Muslim women approaches the court for a divorce because of the persistent ill treatment and humiliation by the husband. The husband receives the letter from the court asking either to accept the divorce petition or challenge. He chooses not to challenge it. So, the court issues the first order of three. In the second hearing, the husband asks for 3 weeks to see if he can settle the matter out of court, but fails to attend the subsequent 2 hearings after which the non-Islamic court issues the final decree making it a valid divorce according to the English law?

Is the divorce valid now according to the Islamic law and is the woman free to re-marry?

The man seems to think that he is still the legal (Islamic) husband and that only an Islamic court (other than him) has the right to issue the divorce.

What is the Islamic position on this issue?

[Abu Faaris As-Sumalee]

Salam wa alykum

It is not permisable to seek judgment to the tahgoot:

Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Tâghût (false judges, etc.) while they have been ordered to reject them. But Shaitân (Satan) wishes to lead them far astray. (An-Nisa 4:60)

so after saying that you must know that these courts are not recognised by muslims.

The only way the sister can remarie is if she has a divorce according the shariah.

[Logic lover]

Wa alaikum as salam.

What if there is no Sharia court and practical facilities other than the Sharia court? The husband is a known oppressor, defames his wife to many people (meaning the wife has relationship with such and such man), gambles nearly all his money and does not look after financially too?

Does his slandour not imply that he has lost his rights as a husband? How can one say his wife has relationship with more than one man and still claim that the woman is his wife? Is it not contradictory? What would a Islamic court do in this situation? 80 lashes and the divorce perhaps!

In the example, the husband has not challenged the English divorce proceedings.

[Abu Faaris As-Sumalee]

Akhi does the guy do any major kufr, like for example, does he leave the salah?

[Logic lover]

No ya akhi - as far as I know.

[Abu Faaris As-Sumalee]

check your pm akhi

[Logic lover]

What is 'PM'?

[Abu Faaris As-Sumalee]

on the top right corner it says you have 1 private message. Read it.