Question
I live in the UK. My husband is not living with me. He married another woman, got a court divorce but refuses to give me Talaaq. A Mufti here says that the court divorce is a valid Talaaq. Is it so? Can I regard myself divorced in view of the court divorce?
Answer
A court divorce is not valid in the Shariah. It is a scrap of paper. It has absolutely no effect. As long as your husband does not issue Talaaq, whether verbally or written, then you will remain in his Nikah. If your husband refuses to fulfil your rights, then you may apply to your local Ulama for Faskh (annulment) of your Nikah. The Mufti in the UK who says that a court divorce is a valid Talaaq is in grave error. His view is corrupt and baseless.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 03
- PDF page
- 3
Appears under ZINDEEQ YAWAR BAIG (approximate).