Fatawa Answer

Question: Divorce by Imam

ID: 1700

Name: Marriage and Divorce

Question

السلام عليكم ورحمة الله وبركاته

Respected Mufti Saib,

I have a question regarding divorce do the imam masjid have the right the issue divorce to someone wife. There were some disputes between me and my spouse. I have asked them through differenet people that we can solve this matter " that you get your right and I get my right and end this in a good manner" but they are saying we have to use the law of Land (USA) and making some misleading and baseless statements in the court, by which my rights are being taken away. So after grabing away the rights of the father , can a imam masjid just on the basis of the degree of divorce from the american court can issue a divorce to some one wife.

I know that the civil divorce and the Islamic diroce are seperate things,does siging the divorce papers (with no intention of divorce) in the american court where the judge is nonmuslims means that the divorce is done islamically as well

Can husband ask the wife of in laws to Make a oath regarding the statments made to issue the islamic divorce. I came here as an international student and I was promised the papers soon after coming into the USA, If someone have to leave the country now , does that automaticaly mean divorce, I mean can a imam masjid issue a divorce.

Thanks

 

 

Answer

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

Per Shari’ah rules the best course of action is for the husband and wife to mutually resolve their differences or try to settle it with the help of elders of both families. Neither the court nor an imam of the masjid has the right to decide in anyone’s favor. 

But, if the imam of a masjid is designated as a judge and an arbitrator or if a court is approached and is given the authority to decide in your favor, then it is obvious that you yourselves are responsible for it. 

Only when the husband has approved and signed the divorce papers, the divorce will be legally approved. That is not because the court or a non-Muslim judge has authorized the divorce, but rather because it involves the consent of the husband, and the court is an advocate on his behalf. It is quite possible that Imam when he talked about the divorce was in that background. If required, you can provide further details to reassess ruling in this matter. 

Regarding division between Civil and Islamic divorce, it is fictitious and self-constituted division. Shari’ah has no such division. 

To link divorce with the change of place of abode, please see above response, which states that unless the husband himself gives divorce or accepts annulment of Nikah (Khul’a), or authorizes the court to issue divorce, Shari’ah divorce will not take place, regardless of whether he travels to any country of the world or returns from there. 

فقط واللہ اعلم واتم

Answered On: Monday, Feb 27, 2023 | N/A

Answered By: Mufti Mohammed Ataur Rahman Sajid

Checked By: Mufti Mohammed Navalur Rahman