Is a fatwa issued for divorce by the wife's paternal uncle in a non-Islamic country, without recourse to a Sharia court or hearing the husband, considered valid and does it render the wife divorced?
Disputed matters between spouses should be referred to the شرعي () court, or its equivalent. Issuing a from a distance is not beneficial in such cases. A fatwa is a clarification of a شرعي (Sharia) ruling and is not binding; enforcement is the prerogative of the judiciary. Divorce does not occur except by the husband's pronouncement of divorce or by a judge's ruling. When there is a dispute, the husband's statement is to be taken as true. If the wife is harmed, she has the right to request a divorce from the judge. However, it is not permissible for her to request a divorce without a valid excuse, or to leave her husband's house without his permission unless there is a necessity. Obedience to the husband takes precedence over obedience to her parents.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 193130
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy