Is the European Court's divorce ruling considered a legitimate divorce [under Islamic law]? And what is the ruling concerning the "suspended" wife whom her husband bargains with over child custody in exchange for her divorce?
A wife does not leave her husband's عصمة (bond of marriage) except through a divorce issued by him or by a legitimate شرعي judge. A divorce issued by a civil court is not enforceable. It is permissible to waive custody of children in exchange for a divorce. A wife is not allowed to seek divorce except for a legitimate شرعي excuse, and her husband marrying another woman is not a permissible excuse for that. It is advised for the husband to divorce his wife if she insists on it, to avoid her remaining in a state of being "like a woman left in suspense" (معلقة), and he has the right to claim his rights from her regarding child custody or compensation if that is in his interest.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 81195
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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