Back to search

Is the wife still under the husband’s authority, and is it permissible for her to marry another man, if she obtains a divorce from an American civil court with the approval of an imam, despite the husband’s refusal and his not uttering the divorce according to Sharia?

1 min readAlso available in العربية

If the wife's aggression, verbal abuse, and similar acts are proven, this is evidence of her recalcitrance (nushooz), and the husband is permitted to address this according to what Islam has legislated.

The divorce pronounced by secular courts alone does not terminate the marriage. And the Imam does not have the right to rule a divorce for the wife for any reason unless he is authorized by the Islamic Center.

If the Imam is authorized and the community of the Center has given him the authority to look into matters of divorce, then he implements the divorce he pronounces for a legitimate reason.

A woman who is still under the marital bond of her husband is not permitted to marry another, and if this occurs, it is a void marriage that must be annulled. It is advised to raise the case with the nearest Islamic Center to clarify the basis upon which the Imam ruled the divorce.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy