Title: If a Muslim Woman is Granted Divorce under non-Muslim Law... Question: I have been reading the answers to related divorce issues but still am confused with an issue at hand. I would like to know that in a situation where the woman and man have been living separately (although I realize the Shari`ah does not give indication to the time frame of separation) the woman has filed for a divorce in the American court, and the American court has granted her the divorce. Is she Islamically divorced even when the husband did sign the legal papers but only under obligation of the fact that the authorities will take legal action against him to the extent that he might be put in jail? However, as soon as he signed the papers, he declared to his wife that he did not accept the divorce as he is unwilling to divorce her just yet. Is she considered divorced at this point? Can the man consider this as his first pronunciation of divorce if the divorce is deemed valid? I would appreciate a reply - thank you for your time. Mrs. Hasnain Answer: While living in non-Muslim societies, Muslims are subject to the laws of that society. If that society does not provide for separate (Muslim) courts for the Muslims, then the decisions of even the non-Muslim societies shall be binding upon the Muslims. This would specially hold true for cases of marriage and divorce, because of the mere fact that the directives of the Shari `ah do not relate to the methods of effecting divorce, but to issues contingent upon divorce, once it is effected. That is, the Shari`ah does not prescribe how divorce should be effected - whether verbally or in writing - but does tell us what should the man and the woman do, when divorce is effected. In view of my foregoing opinion, I consider the divorce authorized by even a non-Muslim court - for the citizens residing in that court's jurisdiction - to be completely valid. It should, however, be kept in mind that all the obligations imposed upon the divorcing husband and wife by the Shari`ah will have to be fulfilled by the respective parties. In addition to the foregoing, I would only like to add that if the husband and the wife were married under the laws of a Muslim land and if the wife intends to go back to that land at any time in future, then to avoid any future legal repercussions, it would only be prudent for the wife to get her divorce registered and authorized in that Muslim land, as well. I hope this helps. Regards, Moiz Amjad September 23, 2001