Is the ruling of an American civil court regarding divorce considered illegitimate, and is the divorce issued by it not considered a final and irrevocable divorce? Is it permissible for the husband to take back his wife with a new contract and dower, or must she marry another man before she can return to her first husband?
It is impermissible to resort to man-made courts except out of necessity. Divorces issued by man-made courts are not considered valid. However, if the husband pronounces a divorce, or writes it, or signs it with the intention of divorce before the court, then the divorce takes effect by the husband's initiation, not by the court's ruling. If this was the first or second divorce, the husband may take his wife back as long as she is within her waiting period (), without a new contract. If the waiting period (iddah) has expired, he may not take her back except with a new contract. As for the third divorce, the husband may not take his wife back until she marries another man. One of the most important objectives of Islamic law concerning marriage is to achieve stability for the Muslim family.
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