Is a court-ordered divorce considered an irrevocable divorce, knowing that the husband did not intend divorce and his aim was the wife's return, and that this is the first divorce?
The default rule is not to issue fatwas concerning disputes brought before a court of law. If a husband utters the word of divorce, or writes it with the intention of effecting it, or authorizes someone else to do so, the divorce is revocable, unless he completes the three divorces, or it is for a financial consideration, or a Muslim judge rules it. The husband may reconcile with his wife during her 'iddah (waiting period). As for divorce issued by civil courts in non-Muslim countries, it is not considered valid Islamically unless the husband pronounces the divorce himself. In such cases, one should refer to Islamic centers. The Assembly of Muslim Jurists of America (AMJA) has clarified that resorting to secular courts to legally terminate a marriage does not result in the termination of the marriage according to Islamic law. A woman who obtains a civil divorce should approach Islamic centers to finalize the matter Islamically. It is advisable to present the issue to scholars at the Islamic center.
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