If one files for a divorce in USA court. Does it count as 1 talaq or 3?

15 May 2001 · 21 Safar 1422 AH1 min readFatwa 2908English

Question

If the divorce is filed in a USA court and court grants the divorce, is it considered as one divorce such that the husband and wife can re-marry or is it 3 talaaq that they can not re-marry. Please reply ASAP. jazakAllahu Khairan

Answer

If the husband instituted divorce through court and it was granted, it will be regarded as only one Talaaq-e-Raj'ee. The husband can revoke the divorce within the Iddat period.

If he did not revoke it, the Talaaq will be changed to Talaaq-e-Baain. In such a situation, a reperformance of Nikah will be necessary. If the wife instituted the divorce through Court, it will not constitute Talaaq.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by: Mufti Ebrahim Desai

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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/2908
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