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- Why is the legal versus Islamic divorce not the same?
Why is the legal versus Islamic divorce not the same?
I thought, as Muslims, we take the law of the land, so if you are legally divorced, that means Islamically too.
I thought, as Muslims, we take the law of the land, so if you are legally divorced, that means Islamically too.
No, that is not correct. And I know that's a very common trope that unfortunately was presented in our community time and time again.
A good Muslim is a good citizen. Sure, you're a good citizen, but the laws of the land that you live in, unless you are living in an Islamic country are not based on Islam.
Allah (swt) will not give the disbelievers over the believers a path of prominence. So the sharia is to be upheld in all manners.
And therefore, the conditions of legal divorces many times do not meet the conditions of Islamic divorce. I'll give you an example in the state of California, you are generally mandated, when filing a divorce, to wait six months before that divorce can be filed in the courts, and then it takes another six months for that divorce to be final.
Nowhere Islamically unless a woman is pregnant and divorced at the very beginning of her pregnancy would an iddah or a divorce take that long and it is complete and utter dhulm to the man and the woman to make them wait that long. So the indeterminable and the subjectivity of these laws, which many times are not predicated on what's best for both parties, but many times they're just predicated on the remnants of Christian divorce that are found in the legal system should never override what is Islamic. So, we are not subservient to others. We stand alone on our own as Muslims and Allah (swt) knows best.
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