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Stats: 17,481 members, 69,443 Topics, 15,458 Comments. Date: Jun 20 2019, 8:11 am

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

A woman has divorced her
husband in American court, and
her husband too has singed the
divorce papers. Is it valid
divorce can she marry another
person? Or she has to divorce
according to Islamic Law to get
married to another person?
Please reply as soon as
possible.

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.

First of all, a Muslim should
know that it is not permissible
to be judged by man-made laws
and it is an obligation to be
judged by the Law of Allah.
Allah says (which means): {Do
they then seek the judgement of
(the days of) Ignorance? And who is
better in judgement than Allah for a
people who have firm Faith} [Quran
5:50].
If a Muslim is found in a
country where there are no
Islamic courts and he wants to
resort to the law, he is obliged
to resort to the Islamic centres
or any other Islamic body or
institution.

Secondly, it should be known
that divorce is in the hands of
the husband, and it is his right.
He is the one who can divorce
his wife if he so wishes. If it is
confirmed that this man signed
divorce papers, it is the same as
writing the word divorce itself.
By writing the word divorce,
divorce takes place if the
husband intended it. So if this
man had signed divorce papers
while intending divorce, then
divorce has taken place.
However, his wife is not allowed
to marry another person until
her waiting period ends,
because during the waiting
period, she is still considered as
his wife.

Nonetheless, if he signed these
divorce papers without having
any intention for divorce, then
divorce did not take place, and
she is still his wife, so it is not
permissible for her to marry
another man. This is of course
in case he did not utter the
word divorce when signing the
papers, because - as we learnt
from some trustworthy brothers
- the husband is not forced by
the judge to sign and thus if he
utters and signs, then he admits
divorce, and thus divorce does
take effect by him uttering it.

Finally, it should be noted that
it is not permissible for a
woman to ask for divorce
without a sound religious
reason as it is confirmed that
the Prophet said: "The smell
of Paradise is forbidden for any
woman who asks her husband to
divorce her without a valid (Islamic)
excuse." [Abu Daawood]
Allah Knows best.

www.islamweb.net/en/article/143189/she-divorced-her-husband-in-us-court

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