[gydrorway]

What is the validity of a divorce decree issued by a court/judge not ruling by the laws of Allah?

This is a common problem not just in the non-Muslim lands but also in the vast majority of the Muslim lands where the laws of Allah - are not being implemented.

It is stated that given the choice - a Muslim must not resort to a non-Islamic court, for doing so would imply abandoning the laws of Allah in favour of the laws of disbelief. Hence, an act of kufr in itself (Quran 4:60).

However, when Muslims are faced with a situation where there are no other legal avenues to settle their disputes, including the matrimonial ones - what should one do?

If a Muslim attends a court because he has been summoned by the Judge - it would appear in that case that he/she is under compulsion, hence the exemption from being committing kufr due to the apparent recognition (as long as he/she does not mentally recognise the supremacy of the court).

The following is an example of the problems which we are facing in UK also:

The Muslim women approaches the court for a divorce because of the persistent ill treatment and humiliation by the husband. The husband receives the letter from the court asking either to accept the divorce petition or challenge. He chooses not to challenge it. So, the court issues the first order of three. In the second hearing, the husband asks for 3 weeks to see if he can settle the matter out of court, but fails to attend the subsequent 2 hearings after which the non-Islamic court issues the final decree making it a valid divorce according to the English law?

Is the divorce valid now according to the Islamic law and is the woman free to re-marry?

The man seems to think that he is still the legal (Islamic) husband and that only an Islamic court (other than him) has the right to issue the divorce.

What is the Islamic position on this issue?