Does the divorce issued by a governmental judge in China after a dispute between a couple take effect, regardless of whether the judge is Muslim or non-Muslim, given the absence of an Islamic court?
If Muslim spouses are in a non-Muslim country, they must refer their case to an Islamic center or trustworthy scholars. It is impermissible to seek judgment from non-Muslim courts.
If there is a Muslim judge in those courts, it is obligatory to seek judgment only from him. It is impermissible to seek judgment from a non-Muslim judge, and his rulings are not considered valid in Islamic law.
If there is no Muslim judge, and a non-Muslim judge rules a divorce, it only terminates the relationship legally. It is then necessary to go to an Islamic center to complete the divorce according to Islamic law, as these centers serve the purpose of courts.
The Assembly of Muslim Jurists of America has stipulated that resorting to secular courts to terminate a marriage legally does not terminate it Islamically. A woman who obtains a civil divorce must take it to Islamic centers to complete it according to Islamic law.
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