Darul Iftaa Mahmudiyyah

Please explain to me what the role of the Ulama Council is in marital problems?

· 3 Ramadan 1428 AH1 min readFatwa 15664English

Question

Please explain to me what the role of the Ulama Council is in marital problems? What powers do the council have in terms of granting divorce, child custody and visitation, etc?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

A Ulama body is authorised by Sharia to dissolve a marriage under extreme circumstances, if the woman deserves a divorce, however her husband refuses to grant her one and no other feasible option is available.

As for the issues of custody, visitation etc, here the Ulama body could inform the parties of the Shar'i ruling on the matter and also act as an arbitrator in the matter. It however holds no legally enforceable powers.

And Allah knows best

Wassalam

Mufti Husain Kadodia,

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

Answered by
Mufti Husain Kadodia
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/15664
Fatawa SA: https://fatawa.co.za/fatwa/askimam-15664

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