Is the husband still indebted to his wife before Allah for the amounts decreed for her, which he has not yet paid after declaring bankruptcy?
The guardianship of a disbeliever over a Muslim is not permissible. It is allowed to resort to secular courts to claim a right or ward off an injustice in countries that do not rule by , provided that one consults scholars of Sharia to determine the Islamic ruling and restricts the claim to only what is permissible by Sharia. If the disbelieving court rules for more than the rightful claim, it is not permissible to take the excess. If it rules for less, the remaining right remains an obligation upon the debtor. The secular ruling of bankruptcy does not nullify legitimate rights; rather, they remain an obligation upon the debtor. If the debtor is in straitened circumstances, he must be given time. If he is not in straitened circumstances, he must be pressed for payment until the right is fully discharged.
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- Source platform
- Ftawy
- Original fatwa ID
- 7761
- Imported
- Translation status
- Source text, unreviewed
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