Why do the people of Islamic fatwa and legislation insist on dealing with divorce matters outside the court, even though we are in an era of documentation in which specialized departments have been established to document all transactions?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Documenting transactions, especially marriage () and divorce (), is a Shari'ah requirement. Allah has commanded that witnesses be present for both. A divorce that has not been witnessed is still valid. The ruler has the authority to compel people to document these matters and to penalize non-compliance, keeping in mind that divorce is at the discretion of the husband. If he pronounces it while he is in his right mind and of his own free will, it is valid, and the ruler does not have the authority to annul or cancel it. The muftis (those who issue fatwas) state Allah's ruling, which does not change with the alteration of time or place.
Summarized from the full answer at Ftawy · imported
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