NAJIMUDEEN M - INDIA : Fathwa, - Wife in non-Muslim country seeks divorce in non-Muslim court

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Thursday, March 20, 2014

Fathwa, - Wife in non-Muslim country seeks divorce in non-Muslim court

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Question
A woman lives in a non-Muslim country; her husband does not pay the rights to his wife and does not live with her, he also does not divorce her. Is the woman allowed to go to a non-Muslim court for divorce, if court decide the separation, can she marry?
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
As long as a husband and a wife are Muslims it is not permissible for either of them to choose a non-Islamic court as arbitrator between them neither in the case of divorce nor in any other case. They have to bring their case in front of an authentic Muslim scholar or to a reliable Muslim authority which is able to make a decision in such cases. If this authority after considering the case makes a decision of divorce then both the husband and wife should accept it. If a husband refuses to accept the Islamic ruling and his wife suffers from his refusal then she should bring her case before the Islamic authority )i.e., a scholar or a Muslim authority(.
If they advise her to plead in a non-Islamic court, then she could bring her case in a non-Islamic court to avoid possible harm. The Muslim scholars have agreed that when a complete justice does not exist, the closest form of justice to complete justice should be achieved to protect people's rights.
We advise the husband and wife to fear Allah. A husband should know that Allah grants him the right of divorce since he is protector and sustainer of his wife. Allah never likes abuse of this power as to cause harm to a wife. Whoever rejoices in his power should remind himself of The Power of Almighty Allah and fear His Punishment.
Though divorce is permissible in Shariah, one should not use it except in the time of necessity. For example, the relations between spouses become harsh and they no longer can live a happy life.
It is prohibited for a husband to leave his wife as if hanging in the air, neither a wife who enjoys her conjugal life, nor a divorced woman who can marry any other man.
May Allah Guide all of us to what He likes and pleases Him.
Allah knows best.

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