According to a Darul Ifta, a court decreed divorce is a valid Talaaq.

Answer

The Darul Ifta's answer on the court 'divorce' issue is erroneous. In no circumstances is a 'divorce' pronounced by a kaafir/secular court valid. It is never Talaaq. When a man applies to a kaafir court for termination of the 'marriage', he does so to terminate the haraam marital regime. He applies for cancellation of the legal registration. He does not apply for a Shar'i Talaaq. Only a thorough moron will be so stupid as to apply to a kaafir court for Talaaq and spend thousands of rands in legal fees for something which he can accomplish by simply saying: 'I Talaaq you."

Furthermore, a magistrate/ judge is NEVER the wakeel (agent) of any of the parties. Also, his function is to annul the secular registration. He has absolutely no jurisdiction from either the government or from the Shariah to issue a decree of Talaaq to cancel the Shar'i Nikah. The Mufti who has contended the validity of Talaaq if a secular court pronounces a decree of 'divorce' is not aware of the concept of a court, hence he is confused. He has understood that a judge in a court is a wakeel. But this is indeed moronic. Despite a kaafir court's decree, the Nikah remains 100% valid.