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What is the validity of rulings by Islamic Court of America

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I want to ask about the validity of rulings by Islamic Court of America (Walnut, California). An orphaned sister who was abused by her step mother was married to an abusive husband who could not hold a job. Therefore the sister became the primary bread winner for the family. The husband continued to be abusive and is said to have had illegitimate relationships with other women. The husband married the maid of another family and brought her home as his wife to live in the same modest accommodation. The sister (first wife) continued to be the bread winner for the now extended family, whilst the husband continued to be abusive now with both his wives. The sister (first wife) was very concerned about the safety of her son as the husband would severely beat the little child and as such the sister fearing her and her child’s safety left the husband to go to US telling him that she could earn more money there. However, once she was in US with her son, she asked for a divorce. More than ten years have passed the husband denies giving khulla, whilst an American court has issued divorce and the Islamic Court of America (Walnut California) has issued Khulla declaration based on permission from the sister’s father and uncle who were witnesses to the marriage, and the American court divorce. The husband refused to talk to the court or anyone else regarding the matter and clearly says that he will not give her khulla ever, no matter what, and he expects her to return to him and continue living together as they were before, whilst he is not capabale of affording to pay for most of the basic needs of the family. Two years later, the sister is now looking to remarry but some around her are raising questions on the validity of her Khulla. Can she marry again? Is this Khulla valid?

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A: We do not know of the procedures that the Islamic committee had followed. However, if the Islamic committee had canceled the nikaah after following the correct shar`ee procedures then the cancellation is valid. Now if she wishes to enter a new marriage she may do so.  

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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