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The question

What is the ruling that must be followed when there are two different judicial rulings in a divorce case: one issued by a Gulf court for an irrevocable major divorce (طلاق بينونة كبرى), and the other issued by the court of the spouses' home country deeming the divorces null because they were pronounced in anger?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is not permissible to annul a judge's ruling unless it violates a fundamental legal principle, such as consensus (Ijma'), a clear text (Nass), an obvious analogical deduction (Qiyas Jali), or general overarching rules. Necessity dictates upholding the validity of a judgment based on independent reasoning (Ijtihad), because if it were permissible to annul it, it would lead to unending disputes. As long as the judgment is in accordance with Islamic law, it does not matter that it was issued in another country. If they desire what is lawful (halal), they must separate until the the woman marries another man in a valid marriage and he consummates the marriage with her. If he then divorces her, it is permissible for them to return to each other with a new contract.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
81599
Imported
Translation status
Source text, unreviewed
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