Validity of a court divorce

Question:-

A woman intends divorcing her husband in court so that they may remarry and register their marriage as required by Shariah, which is the anti nuptial contract without the accrual system. Will it be okay for her to go ahead with the divorce process?

Answer:-

If the wife unilaterally divorces the husband in a secular court without the consent of the husband, and without him appointing her to adopt the said procedure then, in terms of Shari’ah, the divorce will not be valid, since a woman is not permitted to unilaterally divorce her husband in Shariah. It will be acceptable for her to then remarry him in court (under the Anti Nuptial contract without accrual) and thereby attain the required documentation.

However, if the husband instructs her to adopt such a procedure or even appoints her as his representative in filing for a court divorce, and she acts on his instructions then the divorce will be valid legally, as well as in terms of Shariah. She should therefore be very cautious in adopting the above procedure.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 21 Jumadal Ukhra 1443 / 24 January 2022