Is it lawful to get a marital judgment from a non - Muslim government? - Questions Archive - IslamQuest is a reference for Islamic questions on the internet

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Last Updated: 2006/08/21

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group Fiqh|Laws and Jurisprudence

Summary of question

Is it lawful to get a marital judgment from a non-Muslim government?

question

Is it lawful for a wife to accept and seek lawful decisions from the American court system such as spousal support form her husband? (With taking into consideration the fact that seeking help from an oppressive government is rejected in Islam.)

Concise answer

Referring to judicial arbitrators in non-Muslim and oppressive governments, and requesting their help is not permissible, save in cases where attaining one's right is dependent upon it, and there is no other way. And it is obvious that taking something which is not one's right or something that one has no right to, albeit by means of an Islamic and just government, is neither acceptable, nor is it permissible.[1]

[1] The respected offices of the legal authorities and Grand Ayatollahs, Ayatollah Khamenehie, Ayatollah Makarim Shirazi, and Ayatollah Fazel Lankerani.

Question translations in other languages

: هل یجوز للمسلم أن یرکن إلى الأحکام القضائیة الأمریکیة؟

5757 Fiqh 2008/02/24

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10959 Fiqh 2007/01/07

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: Дозволено ли мусульманину обращаться за решением в судебные органы Америки?

7857 Fiqh 2011/06/26

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: Bir Müslümanın, Amerika’daki mahkemelere bir dava için başvurması caiz midir?

6905 Fiqh 2008/11/01

Ayetullah Uzma Hamenei (r.a)’nin bürosunun cevabı:“Eğer kadının hakkını elde etmesi, gayri İslami mahkemelere başvurmasına bağlıysa, özellikle bu mahkemelere başvurmaması kadın için zorluk ve sıkıntıy

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5859 Fiqh 2008/11/05

حضرت آیۃ اللھ العظمی خامنھ ای (مد ظلھ العالی ) کے دفتر کا جواب:اگر عورت کا حق حاصل کرنا ، غیر شرعی عدالت کی طرف رجوع کرنے پر موقوف ھو تو کوئی اشکال نھیں ھے ، خصوصا اگر رجوع نھ کرنا عورت کیلئے مشکلات ا

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