Court Divorce

• Q1 - I have been married to my relative since four years. We separated during the first year of our marriage as he was a negligent husband and did not fulfill any of his duties as a husband. He was always demanding money from me and my parents.My parents are not allowing me to seek divorce/khulla as they think it is a shameful act. They want me to re-unite with himIf I file a case for Khulla in the court of my city and khulla is granted by the judge without my husband being notified, will it be valid according to shariah ( if he is notified he will approach my parents and they will compel me to re unite with him which i do not wish to.)?? 

  A - Court divorces are not considered Islamic divorces and therefore if the divorce was not performed in Islamic matter they are not considered divorces.

  
  
  

  MoulanaOnline Aalim Team

• Q2 - If I am divorced in a secular or Western court (that is, the divorce is a court divorce), does this make my divorce valid according to Islamic law? 

  A - Court divorces are not considered Islamic divorces. If the divorce was not performed in a Islamic matter then that would not be considered a divorce. Divorce has several conditions. You can read about the conditions in Islamic Law books and there are also many good resources online that you can check, you can read this helpful article for more information http://www.islamquest.net/en/archive/question/fa29299

  
  
  

  MoulanaOnline Aalim Team