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Fatwa CenterDivorce decreed by non-Muslim judge
Question
A Dutch Muslim woman married a Sudanese Muslim man and they had a daughter. Due to marital problems, she filed a divorce lawsuit. The judge, who was a non-Muslim Dutch man, decreed divorce; but the husband did not agree to this divorce because he did not want to. However, the wife refuses to stay with him because of his ill treatment of her and the disharmony of the marriage. Is this divorce invalid because it was decreed by a non-Muslim judge, in addition to the refusal of the husband?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If the divorce was issued by the non-Muslim judge, then it does come into effect, as disbelievers have no guardianship over Muslims. Allaah The Almighty Says (what means): {never will Allaah give the disbelievers over the believers a way} [Quran 4:141]
Hence, the woman is still married to this man.
However, if the husband was summoned by the order of the judge and was commanded to divorce his wife without coercion and he did, then the divorce has come into effect.
Allaah Knows best.
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