Category: Divorce (Talaaq)
Fatwa#: 40414
Asked Country: United States

Answered Date: Sep 12,2018

Title: Court divorce

Question

AsalamOalikum,

I wanted to ask, if my divorce is valid as per Islamic Law.

Due to irreconcilable difference, I had requested my husband to divorce me through the county court.

I had hired a lawyer and we have a marriage settlement agreement/dissolution of marraige application, which was very simple saying we each keep all our belongings in our possession.  

On the court date, as my lawyer read all the terms written in the MSA/dissoluion of marraige, my husband agreed to it and signed the divorce papers. 

Is this divorce a valid as per Islamic ruling? 

I have been reading different forums and getting a bit confused.

Since the Shari divorce take place even if there is no evidence and the couple is in the house, and the husband divorces his wife, it becomes valid. Then how come if a husband comes to the court the judge asks him if he agrees to the terms, and he signs the divorce papers, how is it not valid (if it is not valid)?

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Sister in Islaam,

In principle, a civil divorce does not constitute an Islaamic divorce (talaaq). The judge presides over the rulings and implications of a civil divorce. He does not have jurisdiction over a Shar’ee divorce (talaaq) and neither is that his mandate[1].

If your husband signed the civil divorce document and also intended a Shar’ee talaaq, then only talaaq will take place.

The example of a husband signing divorce papers to constitute talaaq with a husband issuing divorce without evidence is non analogous. In the former, he did not intend talaaq and in the latter, he intended talaaq.

 

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

 

Student, Darul Iftaa

Astoria, New York, USA

 

Checked and Approved by,
Mufti Ebrahim Desai.

 



[1] فتاوى دار العلوم زكريا  (4/ 274) 

 

فتاوى قاسمية  (16/ 198)

 

سلسله جديد فقهي مباحث  (7/ 321)

 

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