Non-Muslim court divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have got a decree of dissolution of marriage from my husband through court, he did not appear in the court. Then the case forwarded to arbitration court, he did not appear there as well. Finally, the court issued me a certificate of divorce. As per his saying he did not receive a single notice from the arbitration court. But in response to his some query, I informed him that the case is in the arbitration court. Now, it has been five years, I did not remarry. Please advise whether my divorce has been confirmed or still I have a chance to go back to my husband.

Bismillaah

A: If your husband had consented to the divorce or he had appointed the court to divorce on his behalf then the divorce will be valid. If he did not consent nor did he ask the court to divorce then the non-Muslim court divorce is not recognised in the shari`ah.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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