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.
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- Mufti Ebrahim Desai
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