Back to search
The question

Is it permissible for a woman to seek divorce from her husband in Western courts to obtain her rights if he refuses to divorce her according to Islamic law, knowing that the husband wants to take what was written in the agreement in exchange for divorcing her?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Matters related to disputes between spouses regarding divorce and its rights must be presented before the Sharia court. The divorced woman does not have a right to the husband's properties. If she requests divorce due to harm (darar), she is entitled to the dower (mahr) and all rights of a divorced woman. However, if she requests divorce without harm from the husband, the husband is not obliged to comply, and she may seek khul' (divorce at the wife's instance) in exchange for compensation upon which they agree. Divorce does not take place except by the husband's pronouncement of divorce or by the ruling of a Muslim judge. A ruling issued by civil courts in non-Islamic countries does not constitute a Sharia-compliant divorce, and the matter must be presented to scholars in Islamic centers to complete the matter according to Sharia.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
193236
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy