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Fatwa CenterMarital dispute settled by Islamic court ruling
Question
A girl was get her Nikaah at the age of 2 year by her father, but no Rukhsati, when she attend the age of 19 years she refused to Rukhsati with her husband of child hood, now she wanted divorce all the family and other respected people said to her husband for divorce but husband refused that he will not pay divorce at any cost, then girl's parents went to court and asked for divorce after running the case 5 months judge himself broken the Nikaah and gave divorce to the girl himself because husband refuses to come to the court for final degree day. Please tell us whether this Nikaah is broken or not?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It is the speciality of Islamic courts to look into these issues, as it is more proper for them to study the case from all its aspects. Moreover, the ruling of the judge removes any disputes in matters of Ijtihaad and both parties should abide his ruling.
Since this issue is taken to the court and the judge has already ruled on it, then we do not have anything more to say.
Allaah knows best.
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