Question
Is it permissible for a non-Muslim judge to adjudicate on Muslim personal law issues such as Talaaq, Faskh, maintenance, etc.?
Answer
According to the Shariah (i.e. Qur'aan and Sunnah) a non-Muslim judge/ court has no wilaayat (jurisdiction) over a Muslim. The decrees issued by a non-Muslim judge or by even a Muslim judge in a secular court have no Shar'i validity. Decrees on Talaaq, Faskh, maintenance and other issues issued by a non-Muslim judge are not valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 20 No 08
- PDF page
- 9
Appears under MMB QUESTIONS (approximate).