Court divorce

· 18 Rajab 1439 AH1 min readEnglish

Question

I am a female who is legally divorced in USA for more than one year. My ex husband went to a Shariah board 3 times during this divorce but refused to give me an Islamic divorce. During the marriage, he refused sex and any kind of relationship with me. He has not touched me for more than ten years. Am I still under his nikkah?

Answer

If he consented to the court divorce then it is recognized in shariah, and if he has not revoked it as yet then you are out of his nikaah.

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

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

People also ask

Is a civil (court) divorce a valid talaaq?

“1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.”

Ibn Masood · 70 fatawa from 6 Darul Iftas on this

What the Darul Iftas say