Is it permissible for the guardian (ruler) to restrict divorce to the judge's court, as a matter of Shar'i (Islamic legal) policy?
Divorce takes effect either upon its issuance by the husband or by a judge's ruling. The husband can suspend its occurrence until a judge's ruling. If he issues it directly, it is legally binding, and the procedures for proving it do not affect its religious validity. If the ruler decides that divorce shall not take effect except after a court session, then obedience to him is obligatory, unless there is harm or hardship. Whoever issues a divorce before that, their divorce takes effect, and they incur sin for disobeying the ruler, unless there is an excuse. The ruler is permitted to restrict divorce for the sake of public interest and sound Islamic governance.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/94632
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 94632
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy