Applying for a divorce in court

Q: My husband has filed for a divorce according to usa state law which requires us to be separated for 6 months and in between we can reconcile. I want to know the value of this notice Islamically? Also he says he has done istikhara in which the signs say that he should not divorce still he says he will because his parents want. What does Islam say about it?

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A: 1. The court is just executing the request of the applicant. Hence, when it executes the talaaq it will be applicable.

2. If he is quite sure that he will not feel comfortable with his wife then it is permissible for him to separate from her.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)