Najafi Q&A: court divorce
lit 8/29/2026 · 2 entries · 0 followers · 0 likes
⚖️ Fiqh & LawJurist: Shaykh Bashir al-NajafiTopic: court divorceMadhhab / school: Shia Ithna 'AshariyahSection: Treatments#fiqh#najafi#qa
lit 8/29/2026 · 2 entries · 0 followers · 0 likes
⚖️ Fiqh & LawJurist: Shaykh Bashir al-NajafiTopic: court divorceMadhhab / school: Shia Ithna 'AshariyahSection: Treatments#fiqh#najafi#qa
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I married a woman and we have a child together who is six years old. My wife was divorced by a court judge against my will, while I had no power or choice, and I myself did not pronounce a religious divorce. The question is: Is the divorce issued by the court judge valid? After some time, my wife married another man—so is her marriage valid while she is still, in fact, my wife according to Islamic law? Now she has a child from this man; what is your ruling on this matter?
Answer
In the name of Allah, in the case mentioned, the divorce is invalid, and the woman is still your wife according to Islamic law. Allah knows best.
Source:alnajafy.com · alnajafy.com
Courts of law usually divorce spouses, especially when one of them abstains to attend the appealing. The court issues a divorce judgment without committing to the legitimate divorce formula which should be recited by the husband or his representative. What is the ruling of this divorce? Is separation between the two spouses achieved through such kind of divorce? Is this divorce effective, meaning that the wife should commit to the waiting period to be able to have another marriage?
Answer
In the name of Allah, any kind of divorce which does not meet the conditions which are mentioned in our Risala Amalya [Practical Guide of Islamic Rules] is invalid. Often, courts and other relevant institutions do not consider the reliable conditions of divorce. Allah is the all Guide and Knowing.
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Source:alnajafy.com · alnajafy.com
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