Is divorce from U.S court valid?
Mu' meneen Brothers
and Sisters,
As Salaam Aleikum wa
Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be
upon all of you)
One of our
brothers/sisters has asked this question:
Brother Burhan,
Salam-alaikum
Thank you very
much for your prompt reply. I appreciate your work and efforts that you
are doing in helping people understand Islam better and finding answers to
their questions, either personal or general. My first question is rather
personal. Topic is not new, but I need to know how it effects my life.
I had a very unsuccessful marriage, my husband, being abusive and
violent, always treated me badly throughout the period we lived togather. I
have two children from this marriage.He left us and we haven't heard from him
for over four years now. I want to resolve this marriage. I am
granted divorce from US court, but I need to know what can I do to make sure
that its over. I just want to have a normal happy life, and well within
the limits of shariah.
I would appreciate
your help.
Thank you.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Answer:
Is divorce from U.S
court valid?
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is no one (no idol, no
person, no grave, no prophet, no imam,
no dai, nobody!) worthy of
worship but Allah Alone, and we bear witness that Muhammad(saws) is His
slave-servant and the seal of His Messengers.
Beloved
sister in Islam, before we make a
comment on the validity of the divorce granted by the US Courts, we need to know whether your husband was
present in the Court when they granted a divorce, or did he disappear for four years without saying anything.
If your husband was present at
the divorce proceedings, and gave you
the divorce before leaving, then the
divorce will be considered valid. If
your husband disappeared before giving you the divorce, the divorce granted by the US Courts in his
absence will not be binding on the believers.
In such a case, where the husband disappears for a long
period, the wife has a right to
initiate a divorce proceeding in a Shariah Court, and the Shariah Judge or Qadi will grant her a divorce on grounds
of the husband’s disappearance for a long period of time. In the US where one might not have access
to a Shariah Court, the people may
approach the Imam or leader of the mosque and he should be able to help you in
this regard.
Whatever written of Truth and
benefit is only due to Allah’s Assistance and Guidance, and whatever of error
is of me. Allah Alone Knows Best and He
is the Only Source of Strength.
Your Brother in
Islam,