Court divorce
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)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/25311
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-25311
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