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02 Jamadi al-Thani 1442  ,  16 January 2021

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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.




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