عربي
04 Jamadi al-Awwal 1444  ,  28 November 2022

Iftaa` Department and the ... Date Added: 25-10-2022

Achievements of Iftaa` ... Date Added: 23-10-2022

Fatwa is Accepted only from ... Date Added: 19-10-2022

It isn`t Permissible to ... Date Added: 18-10-2022

If a Man Fights or Abuses ... Date Added: 02-11-2022

The Prophet`s Birth ... Date Added: 02-11-2022

Scary Questions about ... Date Added: 01-11-2022

*Fatwa and Sustainable ... Date Added: 31-10-2022

Search Fatawaa


Subject : Husband must Authenticate Divorce in a Sharia Court

Fatwa Number : 3068

Date : 21-04-2015

Classified : Divorce

Fatwa Type : Search Fatawaa


Question :

Is it conditioned that divorce must be authenticated in a Sharia court and signed by both spouses?



The Answer :

Praise be to Allah the Lord of the Worlds.

 

According to Sharia (Islamic Law), divorce takes place when the husband utters any of the explicit or implicit phrases of divorce with the intention of divorce. Authentication of divorce in a Sharia court isn`t a condition for its effectiveness. Rather, upon visiting the Mufti, divorce-if proven-takes place from the date of uttering phrases of divorce; not the date of its authentication.

Article (84) of the Jordanian Personal Status Law states, "Divorce takes place when uttering explicit phrases of divorce, even without having the intention of divorce, and upon uttering implicit phrases of divorce with having the intention of divorce."

 

 

Divorce must be authenticated in a Sharia Court to preserve lineage, honor and the rights of both spouses. Article (97) of the Jordanian Personal Status Law states, "Husband must register divorce and the taking back of wife before an Islamic judge. He must authenticate divorce within a month from uttering the phrases of that divorce since failing to do so subjects him to the penalty prescribed under the penal code. And Allah the Almighty knows best.






Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.