The Majlis Archive

MPL The Majlis Vol 20 No 08, p.9

Is it permissible for a non-Muslim judge to adjudicate on Muslim personal law issues such as Talaaq, Faskh, maintenance, etc.?

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.

View on themajlis.co.za
Published in
The Majlis Vol 20 No 08
PDF page
9

Appears under MMB QUESTIONS (approximate).

Was this page helpful?