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There is a sister who filed for divorce, and the husband agreed to it after the court process. So, does that not mean the marriage is over in Islam too, since writing the divorce is like saying it out loud? Or does she still need a formal Islamic divorce so she can marry again after the iddah period? I have the court issued divorce document.
In secular countries, like the United States, civil courts do not have jurisdiction over religious matters. Judges in such courts only have authority over civil affairs and cannot issue rulings on religious marital status.
One of the foundational principles in many secular legal systems is the separation of church and state, which means that government institutions do not have the authority to adjudicate religious matters. Therefore, when a civil court issues a Judgment for Dissolution of Marriage, it simply terminates the civil marriage contract and does not constitute an Islamic divorce.
Thus, in this case, the sister must ensure that an Islamic divorce has been given before she can remarry after her ʿidda period.
And Allah knows best.
Mf. Zeshan Ahmed
Senior Assistant Mufti, Darul Iftaa Chicago
Checked and Approved:
Mf. Abrar Mirza
Head Mufti, Darul Iftaa Chicago