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Stats: 17,455 members, 69,258 Topics, 15,447 Comments. Date: Jun 17 2019, 8:30 am

Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

One of my friend has asked me to consult a
good scholar to answer his question, that's
why I am writing to you. We live in the UK,
my friend's sister was married to her cosine
for about ten years, last year, because of her
husbands unacceptable behavior she decided
to end her marriage. To end it amicably she
turned to their relatives, despite being asked
by his elders he refused to give her divorce.
She also tried through an Islamic Centre in
the area but he (the husband) did not reply
any correspondence of the Islamic Centre.
She then went to a British Court to have it
decided, the Court after a few months of
hearing decided in favour of her and ended
or dissolved the marriage. Now some of her
relatives keep telling her that the marriage
is still intact and the divorce through British
has no meaning in Islam, despite being both
British citizens. She is being told to get the
divorce done either through Islamic Court,
which is not available here in the UK, or
through an Islamic centre or mosque. Now
she and her family are very confused, she
doesn't know where she stands.Now the
question is whether she needs another
divorce through Islamic court or Islamic
Centre or the divorce given by the British
Court is enough? Please guide us according
to the teachings of Qur'aan and Sunnah. May
Allah reward you in Aakhira for your help.

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His Slave and Messenger.

A wife has the full right to ask divorce if she
suffers as a result of continuing life with her
husband. It is mandatory on the husband to
accept her request if he fails to fulfill her
lawful rights. It is forbidden for a husband
to harm her by keeping her in a state were
she is neither divorced nor married. Hence,
she becomes compelled to resort to a civilian
court to get her divorce.
If a woman is compelled to get her divorce
and there is no Islamic court in her area,
then she has to take her case to the Islamic
authorities or an trustworthy Muslim scholar
in that area.

If the Islamic authorities or the scholars
decide after looking into the case of the
woman that she has to be divorced, then the
husband has to accede to their ruling. If the
husband does not comply with the decision,
then she can sue him in a civilian court after
consulting the Islamic authorities. This is
only to impose the Islamic rulings on the
husband which he had refused. It does not
mean that a civilian court has the right of
granting the divorce. So, any divorce that is
decided by a civilian court, which does not
conform to what we have mentioned, is not
considered a valid divorce in Islam.

Allah knows best.

www.islamweb.net/en/article/158778/obtained-divorce-from-her-husband-in-uk-court

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