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Divorce
procedures in non-Muslim countries
Question:
If a man living within a Muslim minority community in a non-Muslim
country wants to divorce his wife, should he follow the divorce
procedures of that country, which controls and enforces its
own law and from which there is no way out, or should he follow
divorce proceedings laid down in Islaamic law?
Response:
It is not permissible for a Muslim to follow, either in his
worship or in his dealings with others, other than what is
laid down in Islaamic law. Divorce is one of those issues
which is dealt with by Islaamic law in the most complete manner.
It is, therefore not permitted for anyone to go beyond or
transgress the limits set by Allaah (Subhaanahu
wa Ta'aala) concerning divorce. Allaah (Subhaanahu
wa Ta'aala) says: {O Prophet! If you divorce your wives
then divorce them with observance to their 'iddah,
which you should calculate carefully. Fear Allaah, your Lord,
and be obedient to Him. Do not expel them from their homes
or let them go away unless they have committed clear immorality.
Such are the limits set by Allaah and whoever transgresses
Allaah's limits has wronged his own soul.} [Soorah
at-Talaaq, Aayah
1].
It is, therefore not permitted for a Muslim to transgress
those limits set by Allaah and he should divorce according
to the stipulations of Islaamic law.
Shaykh
Ibn 'Uthaymeen
al-Aqalliyaat al-Muslimah - Page 73, Fatwa No.12
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