Assalamualaikum,
I have been receiving questions that in case of Khula why woman has to go to Islamic Court or any organization to get Khula. Why isn’t the divorce from court is considered a final one whereas when man gives the divorce or through the court it is considered final?
Wassalam,
الجواب وبالله التوفيق
In a locality where there is no Shara’i Qazi but the Judge is a Muslim and the rulings are reached in a Shara’i manner (as a Qazi would do) then the divorce issued by the court would be final, however, however, a Non-Muslim Judge is not equivalent of a Qazi.
Hence it is necessary both for a man and a woman to have a ruling issued by an Islamic Institute or organization, as the court decision only finishes the legal marriage, but the Shara’i Nikah is still intact. Therefore, one should contact a Shara‘i Qazi or an Islamic organization to Islamically finish the Nikah.
(لم ینفد حکم الکافر علی المسلم و ینفد للمسلم علی الذمی ۔(دارالعلوم زکریا ج 4، ص 273 بحوالہ الضیاح النوادر
واللہ اعلم بالصواب