Seeking Rulings From Kuffaar Courts

QUESTION:

A couple going through divorce, share children. The wife chose to settle the custody dispute via the Kuffaar court. What is the status of her action?

ANSWER:

If the wife opts to go to court and the right of custody is decided contrary to what Shariah dictates, the wife will be sinful for going to the Kaafir courts and discarding the verdict of Shariah.

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللهُ فَأُولَبِكَ هُمُ الْفَاسِقُونَ

“And those that not rule by that which Allah Ta’ala has revealed are surely the transgressors”. [5:47]

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Abdul Kader Fazlani

Date: 28 Dhul Hijjah 1446 / 25 June 2025

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb