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20 / 06 / 2026
The Effect of Divorce by a Non-Muslim Court
His wife was divorced by a non-Muslim judge, meaning from a Dutch court which is not Islamic, knowing that the husband did not pronounce the divorce oath, nor did he agree to her divorce, but the wife said that she accepted the ruling of the Dutch court. Does the divorce take effect without the husband's acknowledgment? And after the court's divorce of my wife, she married another husband three days later, and she married without observing the waiting period, claiming that the husband had not approached her in bed for a year, which happened due to problems between them. Is her marriage to another husband valid three days after her divorce? Some scholars told her that one menstrual cycle is sufficient to end her waiting period. Please give me a legal opinion on this matter.
Answer
I say, and with God's guidance: Her divorce from her husband may not be accepted legally if it does not comply with Sharia. She must consult scholars to verify the conditions for the occurrence of the divorce so that such a divorce is accepted in the first place. Moreover, marriage during the waiting period is not valid, so it must come to an end even if the husband has not approached her for a long time; this is a matter of worship. There must be three menstrual cycles, and one is not sufficient. And God knows best.
