Divorce disputes are referred to the Sharia court
Machine translationRead the Arabic original
Question:
We move on to a message received by the program from one of the female listeners from the Arab Republic of Egypt. She says: (N. M. A.) Our sister began her message by saying:
In the name of Allah, the Most Gracious, the Most Merciful.
To His Eminence Shaykh Abdul Aziz ibn Baz, after offering abundant thanks and respect to your eminence for graciously answering this question of mine:
I am a young woman of twenty years old, married for two years, and I was blessed with a daughter during that time. About eight months ago, a disagreement occurred between me and my husband, in which we exchanged errors, and my husband expelled me from the house. Consequently, I went to my father’s house, and he did the same. While he was staying with his family, he said this phrase: “I bear witness to Allah that she is divorced after the post-natal bleeding.” Does this divorce take effect?
Knowing that I was experiencing post-natal bleeding during this period. If the divorce does take effect, my husband refuses to divorce me through the marriage officer—that is, the legal divorce—unless I release him from all my entitlements: the deferred mahr, the maintenance for the period of enjoyment, and so on, as well as giving him two thousand pounds as compensation. Otherwise, he will leave me in this suspended state, knowing that he does not provide for me or his daughter during these months.
I ask your eminence to give me and my husband advice and guidance in what is best. May Allah reward you with good.
Answer:
O sister in Allah, this is a matter of dispute and conflict between you and your husband. It is obligatory that it be resolved through the court, through the judge. So you must refer the matter to the ruler. The ruler will look into the matter, summon you, your husband, and your guardian, then look into the matter and judge between you according to what the pure Shari'ah requires. If reconciliation between you is facilitated in a manner that does not contradict the Shari'ah, there is no harm in that. However, the examination of the divorce and whether it takes effect or not is for the Sharia judge, for the scholar who looks into your case. And what the Sharia ruler or the scholar who is well-versed in the religion of Allah sees is sufficient, if Allah wills.
So I advise you to go with him to one of the scholars known for knowledge, virtue, and insight into the affairs of the Shari'ah, so that he may look into your matter, advise you both, and reconcile you, or to the Sharia ruler, who will look into the matter. We ask Allah for success for you and for him.
The presenter: O Allah, amen.
We move on to a message received by the program from one of the female listeners from the Arab Republic of Egypt. She says: (N. M. A.) Our sister began her message by saying:
In the name of Allah, the Most Gracious, the Most Merciful.
To His Eminence Shaykh Abdul Aziz ibn Baz, after offering abundant thanks and respect to your eminence for graciously answering this question of mine:
I am a young woman of twenty years old, married for two years, and I was blessed with a daughter during that time. About eight months ago, a disagreement occurred between me and my husband, in which we exchanged errors, and my husband expelled me from the house. Consequently, I went to my father’s house, and he did the same. While he was staying with his family, he said this phrase: “I bear witness to Allah that she is divorced after the post-natal bleeding.” Does this divorce take effect?
Knowing that I was experiencing post-natal bleeding during this period. If the divorce does take effect, my husband refuses to divorce me through the marriage officer—that is, the legal divorce—unless I release him from all my entitlements: the deferred mahr, the maintenance for the period of enjoyment, and so on, as well as giving him two thousand pounds as compensation. Otherwise, he will leave me in this suspended state, knowing that he does not provide for me or his daughter during these months.
I ask your eminence to give me and my husband advice and guidance in what is best. May Allah reward you with good.
Answer:
O sister in Allah, this is a matter of dispute and conflict between you and your husband. It is obligatory that it be resolved through the court, through the judge. So you must refer the matter to the ruler. The ruler will look into the matter, summon you, your husband, and your guardian, then look into the matter and judge between you according to what the pure Shari'ah requires. If reconciliation between you is facilitated in a manner that does not contradict the Shari'ah, there is no harm in that. However, the examination of the divorce and whether it takes effect or not is for the Sharia judge, for the scholar who looks into your case. And what the Sharia ruler or the scholar who is well-versed in the religion of Allah sees is sufficient, if Allah wills.
So I advise you to go with him to one of the scholars known for knowledge, virtue, and insight into the affairs of the Shari'ah, so that he may look into your matter, advise you both, and reconcile you, or to the Sharia ruler, who will look into the matter. We ask Allah for success for you and for him.
The presenter: O Allah, amen.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.