What is the value of divorce filed by the wife in an American court? The husband does not want to divorce and wants to reconcile. If an American court issues a divorce on wife’s request, can husband and wife get together again?
If the husband instituted divorce through court and it was granted, it will
be regarded as only one Talaaq-e-Raj’ee (revocable divorce). 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
(irrevocable divorce). 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.