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Talaaq of a non-Muslim court

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I live in France. I demanded divorce in court because my husband does not want a divorce, he didn’t came to legal summons. After one year and eight months, the judge has pronounced the divorce. I want to know is the divorce valid in Islam? Knowing that I live in France a non-Muslim country and non-Muslim countries judge, and my husband never came in front of me or the court? We did the marriage in Pakistan but with France permission because he comes from Pakistan and me from France but we lived in France. For how long is my time of idatt if divorce is valid?

Bismillaah

A: Through the non-Muslim court independently issuing the talaaq, the talaaq will not take place.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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