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Would a court divorce be counted as an Islamic divorce

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by Mufti Mohammed Tosir Miah


Question:


Would a court divorce be counted as an Islamic divorce


Answer:


Bismillah


If a husband files for an UK divorce and receives a UK divorce, then Islamically, it is considered a divorce.


The reason behind the aforementioned ruling is based on the principle that if the husband instructed a third person to write the decree of divorce for him and then he signed the written document, divorce will be effected.


The husband by filing for a divorce is appointing the court as an agent on his behalf to divorce his wife, then the day the court issues the decree absolute, his wife will be Islamically divorced also.


The reason being is that the husband appointed the court as his agent to divorce his wife, and appointing a non-Muslim an agent is considered valid in Shariah.


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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