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Seeking Justice: My Struggle with Divorce in a Local Community Court

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I had applied for khula from my husband from a local community court but instead of granting me khula or talaaq-e-baayyin, the court asked my husband to pronounce two talaaqs before which he had given me one talaaq in the past.This ruling makes it three divorces in total. Pertaining to the laws of this court, it forgot about the first divorce given and granted two talaaqs. Since this court belongs to jaahilliyah period and has no sound knowledge of Shariah it is making it difficult for the the sustenance of my marriage. How can I get justice? Can I take a second opinion? Since it’s the court’s fault clearly, as my husband did not willfully pronounced it but was pressured to do so, can I get married with a new marriage contract? I am disturbed and shattered completely and eagerly waiting for your assistance.


A: If your husband had pronounced the words of divorce, the divorce is valid.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.