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The question

What is the ruling of Islamic law concerning a divorce that took place between two Muslim spouses residing in Russia, where the divorce was by mutual agreement before a non-Muslim Russian judge, and the judge asked the husband if he agreed to the divorce, and he replied yes, and asked the wife if she agreed, and she replied yes, whereupon the judge declared their divorce "by force of law"? Is this divorce considered legitimate in addition to being legal, knowing that there are no Sharia courts in Russia, and that imams consider divorce before Russian courts to be religiously and legally valid according to custom?

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

1. The husband's statement "Yes, I agree" in response to the judge's question: "Do you agree to divorce your wife?" can be interpreted in two ways: An intention to effect an immediate divorce, in which case the divorce becomes binding. An intention to promise agreement in the future, in which case nothing becomes binding, because a promise to divorce does not constitute a divorce and does not have to be fulfilled.

2. The judge's statement in a Russian court: "I declare you divorced by law," terminates the marriage legally only, not Islamically, because a judge's ruling has no Islamic effect unless the judiciary is Islamic.

3. The absence of Islamic courts for Muslims does not make a legal divorce Islamically valid. Rather, the matter must be referred to an Islamic center, which acts in place of Islamic courts in non-Muslim lands. It is likely that there are Islamic centers in Russia.

4. Polygyny is permissible with Islamic regulations, such as the availability of financial and physical capability and justice between wives. Marrying a second wife does not make it permissible for the first wife to request a divorce.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
124491
Imported
Translation status
Source text, unreviewed
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