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Is a divorce done by the judge valid?

Question: 11105

Is a divorce (talaaq) or annulment of marriage (faskh) done by a judge in a civil, non-sharee’ah court valid, in a case where the husband or wife approached the court which rules according to man-made laws to deal with the demand or request to end the marriage contract, because there is no Islamic qaadi?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

The marriage contract may be drawn up
according to sharee’ah outside this court, then it may be taken to the
court for official confirmation. With regard to divorce, it is not conditional
for it to be registered in the court. A husband may issue a divorce
before two sound witnesses, which may be written on a piece of paper
which is signed by the husband and two witnesses. Divorce may be done
in this manner, but a man should not divorce his wife whilst she is
menstruating or during a period of purity in which he has had intercourse
with her, unless they have found out that she is pregnant.

Source

From the fatwas of Shaykh Muhammad ibn Saalih al-‘Uthaymeen for al-Da’wah magazine, issue no. 1762, p. 37

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