Darul Ifta Ibn Masood

Seeking Rulings From Kuffaar Courts

· 1 Muharram 1447 AH1 min readEnglish

Question

A couple going through divorce, share children. The wife chose to settle the custody dispute via the Kuffaar court. What is the status of her action?

Answer

If the wife opts to go to court and the right of custody is decided contrary to what Shariah dictates, the wife will be sinful for going to the Kaafir courts and discarding the verdict of Shariah.

“And those that not rule by that which Allah Ta’ala has revealed are surely the transgressors”. [5:47]

References (Arabic / Urdu sources)

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللهُ فَأُولَبِكَ هُمُ الْفَاسِقُونَ

Answered by
Mufti Abdul Kader Fazlani
Checked & approved by
Mufti Yacoob Vally Saheb
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/seeking-rulings-from-kuffaar-courts/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-38959

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