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The question

Is an employee in a court obliged to adhere to the laws of his country which stipulate the occurrence of irregular divorce ( तलाक بدعي), or is it permissible for him to issue a fatwa that it does not occur based on the opinion of the majority of scholars, and is he sinful if he violates the law?

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

The opinion of the ruler or prince in matters of dispute is not binding on others; rather, his statement is like that of any scholar. A mujtahid is not obligated to imitate another mujtahid.

"The ruler's judgment resolves the dispute" means the judge's ruling in specific practical matters to settle contention, and it is binding on the litigants, not on the general public. This has conditions, including that it must be based on a claim and a response, and not merely a .

As for a fatwa issued by the ruler, it does not resolve the dispute, and an individual is free to act according to what he believes to be true in his acts of worship and dealings. However, if the judiciary issues a ruling on a disputed matter, this ruling becomes binding on those who resorted to it for judgment.

It is worth noting that a bid'i divorce (innovated divorce) is considered valid by the majority of scholars.

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Where this answer came from
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Ftawy
Original fatwa ID
23653
Imported
Translation status
Source text, unreviewed
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