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If one files for a divorce in USA court. Does it count as 1 talaq or 3?

Answered as per Hanafi Fiqh by Askimam.org

If the divorce is filed in a USA court and court grants the divorce, is it considered as one divorce such that the husband and wife can re-marry or is it 3 talaaq that they can not re-marry. Please reply ASAP. jazakAllahu Khairan

Answer

If the husband instituted divorce through court and it was granted, it will
be regarded as only one Talaaq-e-Raj’ee. The husband can revoke the divorce
within the Iddat period.

If he did not revoke it, the Talaaq will be changed to Talaaq-e-Baain. In
such a situation, a reperformance of Nikah will be necessary. If the wife
instituted the divorce through Court, it will not constitute Talaaq.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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