Question:
One of my friend has asked me to consult a good scholar to answer his question, that's why I am writing to you. We live in the UK, my friend's sister was married to her cosine for about ten years, last year, because of her husbands unacceptable behavior she decided to end her marriage. To end it amicably she turned to their relatives, despite being asked by his elders he refused to give her divorce. She also tried through an Islamic Centre in the area but he (the husband) did not reply any correspondence of the Islamic Centre. She then went to a British Court to have it decided, the Court after a few months of hearing decided in favour of her and ended or dissolved the marriage. Now some of her relatives keep telling her that the marriage is still intact and the divorce through British has no meaning in Islam, despite being both British citizens. She is being told to get the divorce done either through Islamic Court, which is not available here in the UK, or through an Islamic centre or mosque. Now she and her family are very confused, she doesn't know where she stands.Now the question is whether she needs another divorce through Islamic court or Islamic Centre or the divorce given by the British Court is enough? Please guide us according to the teachings of Qur'aan and Sunnah. May Allah reward you in Aakhira for your help.
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His Slave and Messenger.
A wife has the full right to ask divorce if she suffers as a result of continuing life with her husband. It is mandatory on the husband to accept her request if he fails to fulfill her lawful rights. It is forbidden for a husband to harm her by keeping her in a state were she is neither divorced nor married. Hence, she becomes compelled to resort to a civilian court to get her divorce.
If a woman is compelled to get her divorce and there is no Islamic court in her area, then she has to take her case to the Islamic authorities or an trustworthy Muslim scholar in that area.
If the Islamic authorities or the scholars decide after looking into the case of the woman that she has to be divorced, then the husband has to accede to their ruling. If the husband does not comply with the decision, then she can sue him in a civilian court after consulting the Islamic authorities. This is only to impose the Islamic rulings on the husband which he had refused. It does not mean that a civilian court has the right of granting the divorce. So, any divorce that is decided by a civilian court, which does not conform to what we have mentioned, is not considered a valid divorce in Islam.
Allah knows best.
Fatwa answered by: The Fatwa Center at Islamweb