What is the ruling on a wife resorting to the Swiss judiciary instead of Islamic law after her husband verbally divorced her, and her seizing more than her due and her maintenance, and her refusal of the divorce to prevent her husband from marrying another, knowing that her divorce has not yet been judicially finalized?
It is not permissible to seek judgment from other than the of Allah. Therefore, it is obligatory for disputing spouses to refer their case to someone who will judge between them according to thelaw of Allah. Divorce occurs when the husband pronounces it, and it does not require a ruling from a Sharia judge. It is not permissible to resort to man-made laws to prevent a man from what Allah has made permissible for him. A divorced woman, after the expiry of her (waiting period), is not entitled to maintenance or lodging. Whatever a woman takes from a man by force of law, without his cheerful consent, is unlawful. The custody of a daughter before the age of seven belongs to her trustworthy Muslim mother, and the maintenance of the daughter is a religious obligation upon her father, even if she is in her mother's custody.
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