Quora Answer: Can a Muslim Woman Get a Divorce through a Non-Muslim Judge?
بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ
The following is my answer to a Quora question: “Can a Muslim woman get a divorce through a non-Muslim judge?”
If a Muslim woman is staying in a nation where there is no shari’ah court system, or where the shari’ah court system lacks credibility, and there is a credible secular system, she should avail herself to it. This is especially so, in places where the Muslims are a minority, and these so-called shari’ah courts are gatherings of elders with almost no consideration of the principles of shari’ah. This is tribal law masquerading as fiqh, and may even contradict fiqh.
On the other hand, the principles of a credible secular court is the same as that of a shari’ah court, which is natural justice. If the intent is a just resolution, why should it matter whether the judge is Muslim or not? I am not in favour of religious courts. Fiqh has become ossified, and is largely outdated.