Fatwa #290815 May 2001United States of America
If one files for a divorce in USA court. Does it count as 1 talaq or 3?
Question
If the divorce is filed in a USA court and court grants the divorce, is it considered as one divorce such that the husband and wife can re-marry or is it 3 talaaq that they can not re-marry. Please reply ASAP. jazakAllahu Khairan
Answer
If the husband instituted divorce through court and it was granted, it will
be regarded as only one Talaaq-e-Raj'ee. The husband can revoke the divorce
within the Iddat period.
If he did not revoke it, the Talaaq will be changed to Talaaq-e-Baain. In
such a situation, a reperformance of Nikah will be necessary. If the wife
instituted the divorce through Court, it will not constitute Talaaq.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
be regarded as only one Talaaq-e-Raj'ee. The husband can revoke the divorce
within the Iddat period.
If he did not revoke it, the Talaaq will be changed to Talaaq-e-Baain. In
such a situation, a reperformance of Nikah will be necessary. If the wife
instituted the divorce through Court, it will not constitute Talaaq.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.