Court

A court is any person or institution with authority to judge or adjudicate, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

206599

Wife . Court . Shariah . Law . Takfir . Shirk

My wife asked for my opinion on courts that don't follow Sharia law. I don't believe in man-made courts, but we live in a country without Sharia. She called me a Kafir and accused me of Shirk before leaving. What should I do in this situation?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 3 months ago

Bismihi ta'āla

Whatever your view may be about man-made laws and courts, it has nothing to do with shirk and kufr. It seems the issue your wife has with you is not about courts. What you should is try to mend the relationship, if you can, and avoid having these kind of arguments.

And Allah knows best

189117

Divorce . Woman . Court . Law . Shi'a . Khula

I was told by someone that the concept of Khul' does not exist in Shi'a Islam. The woman cannot obtain divorce and the divorces of Shi'a women who have gotten Khul' through court, in Islamic states, are invalid. Is this true?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 year ago

There are many types of Talaq in Islam of Ahlul Bayt (AS) including Khul'i Talaq.but the concept of Khul' is different between the Islamic rules and general public. Many people think that Khul' is divorce enforced with out any consent of approval of the husband. This is not the real meaning of Khul' in Islamic rules. Khul' is a type of divorce when the wife does not like to continue with her husband and offer him any amount to make him give her divorce. When agrees and takes from her what agreed upon for the Talaq, that Talaq is called Khul'i.

If the husband is doing injustice in his wife and not agreeing to divorce her, she can refer her case to the Islamic authority (Marje' of Taqleed) who takes three steps: 1. Ordering the husband to give his wife all her rights with out any injustice. If husband refuse then 2. Order the husband to give divorce to his wife. If refuses again then 3. The Marje' ' himself give Talaq to this woman to release her from injustice.

Wassalam.

79226

Woman . Court

Is it permissible for a woman to be a judge in a civil court according to Islam?

Muslim woman is allowed to work in all the degrees of the legal procedures except the final judgment which is only for the Mujtahid. Even Muslim men who are not Mujtahid are not allowed to issue a judgement.

Wassalam.

95498

Iddah . Court . Divorce . Menstruation (Haidh)

Does the Iddah period start right after the official court divorce or does it start with some other event?

Bismihi ta'ala

The 'iddah period for an Islamic divorce is 3 menstrual cycles, or 3 months if a woman is within the age of menstrual cycle but does not menstruate, or delivery of a child if she is pregnant.

The 'iddah takes effect and commences when the shar'i divorce is conducted. If the court divorce is also an Islamic shar'i court, then it would have that effect as well.

However, if it is a civil/legal divorce, and not a shar'i divorce, she is still Islamically married to her husband and they must initiate procedure of Islamic divorce for her to commence her 'iddah.

And Allah knows best.

77805

Woman . Court . Man

Can a woman be a judge in court? Is her ability to judge considered on par with that of a man?

This question should be addressed to the Court authority which appoints the judges.

No doubt many women have brilliant abilities even more than some men.

If your question is related to Islamic court, then we say that woman is allowed to work in all the procedure of the Islamic court except the final judgment. Final judgment which is for the (Qadhi) has a condition among many conditions that Qadhi must be man. Islam does not expose the woman to challenge and hardship of final judgment which is usually face opposition of one party.

Wassalam.

66001

Court . Du'a (Supplication)

Is there a Dua to help get rid of a court case?

There are many supplications to avoid harm and get protection from harms like:

1. Repeating Estighfaar ( ASTAGHFIRULLAH RABBI WANATOOBU ELAYH).

2. Repeating Salawaat ( ALLAHUMMA SALLI AL MOHAMMAD WA AALI MOHAMMAD).

3. Repeating ( LA HAWLA WALA QOWWATA ILL BILLAH ).

4. Ziyarat Ashura every day.

5. Night Prayer every night.

and many other recitations.

Wassalam.

51626

Court . Du'a (Supplication)

What is the best du'a to recite to win a court case in a matter where you are in the right?

There are many supplications for victory on wrongdoers, like:

1. Repeating this Quranic Du'a:

RABBI INNEE MAGHLOOBON FANTASSIR . (AL-QAMAR ;10)

2. Repeating Ayatul Kursi 7 times a day.

3. Reciting Sura Al-Nassr ( إذا جاء نصر الله والفتح) in the daily Prayers.

4. Repeating Istighfaar, Salawaat and Laa Hawla Wala Qowwata Illa Billah)

5. Reciting Du'a Al-Jawshan Al-Sagheer.

6. Sadaqa.

7. Getting the Du'a of the parents if they are alive, or visiting their grave and seeking from Allah (SWT) while your are visiting your parents.

Wassalam

52567

Court . Divorce . Islamic Law . Australia

If an Australian court declares divorce do the couple need to go through an Islamic divorce as well, or will the court rulings be sufficient?

Bismihi ta'ala

There is a clear difference between a civil divorce, of any country, and an Islamic divorce.

It is important that, in addition to pursuing a legal divorce, the couple make sure they obtain an Islamic divorce, observant of all its rulings and in accordance to their sect.

If they only get the legal divorce decree from the civil court, and not an Islamic divorce, it will mean that from a shar'i perspective they are still legitimately husband and wife.

And Allah knows best.