Answer
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
In this fatwa:
- Muslims should not rush to divorce before exhausting all means of reconciliation.
- You ought to follow the legal channel to get an Islamic divorce.
- You should get the divorce first done through the court system in Canada.
- If you have applied for a divorce, and the court has issued a divorce, you may approach an Imam to endorse it as a valid Islamic divorce.
In responding to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
Muslims in Canada ought to follow the legal channel to get an Islamic divorce even as they get their marriage solemnized legally. By doing so, we can guard our honor and reputation and safeguard our rights.
Since there is no Shariah court operating in the country, by only going through the Islamic method of pronouncing divorce, a person would end up without any legal protection whatsoever. Also, it would only pave the way for corruption in society.
Islam teaches us to abide by the laws of the land. So, if we do so, without recourse to the legal channel, we are promoting anarchy and lawlessness.
Therefore, as an Imam, serving the community for over four decades, I would advise everyone to get the divorce first done through the court system.
Having said this, I must warn against rushing to divorce before exhausting all means of reconciliation as Allah orders us in the Quran. We must never forget the Prophet’s (peace be upon him) warning, “Divorce is the most hated of all permissible things in the sight of Allah.” (Abu Dawud and Ibn Majah)
Therefore, one ought to turn to it only as a last resort, after exhausting all the reconciliation efforts.
Therefore, if you have applied for a divorce, and the court has issued a divorce, you may approach an Imam to endorse it as a valid Islamic divorce. He should be able to issue one based on the rulings of the Fiqh Councils of North America and Europe (as per the principles of Fiqh of Minorities).
If you live near the Islamic Institute of Toronto, you can call our office and ask them to make an appointment with me. Insha Allah, I will do my best to help you if your papers are in order.
Almighty Allah knows best.
Source: www.askthescholar.com