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What is the value of divorce filed by the wife in an American court?

Answered according to Hanafi Fiqh by Askimam.org

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?

Answer

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.

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