Court Divorce

Answered by: Molana Eunus Ali

Question:

I just want to know that if a person want to dissolve his or her marriage through court in order to get divorce degree from court for some purpose..just to solve his or her problem bcz his or her problem not solving without that paper then is it permissible to get that divorce degree paper from family court?and if she get that degree without going infront of judge n without giving any statement in personal and the lawyer told them that he can handle it and they don’t need to go to court n u will get that divorce degree..they are not doing it with happiness but just to solve their problem. Plzz explain in the light of sharia n its impact on nikah

Answer

بسم الله الرحمن الرحيم

Generally speaking an irrevocable divorce (talaq bain) will take place at the moment and date the Decree Absolute is pronounced.[1]

This means that the wife will begin her waiting period immediately and it will not be permissible for the couple to reconcile their marriage or for the husband to take back his wife without repeating the nikah, in which consent from the wife is required etc. If she does not consent to the marriage she will be permitted elsewhere after completing her Iddah.[2]

For further explanation please refer to a previous fatwa as cited below:

http://daruliftabirmingham.co.uk/would-a-court-divorce-be-counted-as-an-islamic-divorce/

If the wife has requested the divorce papers, the divorce will not occur until the husband signs the papers. Please refer to the following link for more detail:

http://daruliftabirmingham.co.uk/can-a-woman-give-talaq-to-her-husband-and-marry-someone-else-after-the-passing-of-the-waiting-period/

Only Allah knows best

Written by Molana Eunus Ali

Darul Ifta Birmingham

Checked and Approved by Mufti Mohammed Tosir Miah