Question Summary: Is it priority to follow the country law or Shar’ah? Question Detail:
Some people said one should follow (bound) their countries rules. As our countries rule one can withdraw papers within 90 days after giving 3 talaq, so after withdrawing papers this marriage is valid. But Islami shariah said not that (this is haram relation after giving 3 talaqs). if countries rule not follow shariah , what will we do. We follow countries rule or sharia?
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. The Shar’i laws of divorce (talaq) are different from the civil laws of divorce. As Muslims, we are bound by the Shari’ah laws of talaq. Accordingly, if a husband issued his wife three talaqs, that will constitute talaq-e-mughallaza (a permanently irrevocable divorce). One cannot use the privilege of the secular system to withdraw a Shar’i talaq.[1] And Allah Ta’āla Knows Best Zakariya Memon Student Darul Iftaa Chatham, Canada Checked and Approved by, Mufti Ebrahim Desai. Daruliftaa.net
[1]
(1)مشكوة المصابيح ج2 ص319- كتاب الامارة و القضاء- قديمي كراتشي)
(2) مشكوة المصابيح ج4 ص436- قديمي كراتشي)
(3)فتاوى بينات ج3 ص372- مكتبة بينات)
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