IslamQA

Divorce in court

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I wanted to know if I file for divorce in the court in the West so if I sign and my wife signs and the court gives divorce and we become legally divorced. Does it mean we are divorced according to sharia too or court divorce does not affect the Islamic relation. And in case if it finishes our marriage relation by sharia. So then if we decide later to get back as wife and husband as in case we sort out what is the process by Islamic way.

Bismillaah

A: If you had requested and consented for the divorce to be issued, then the divorce is valid

If it was just one divorce then you can remarry.

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.

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