A judge’s ruling in matters of nikah and tafriq

Question

Question: If Muslim and non-Muslim judges of the Muslim states of India issue a ruling in some matter, for example (annulment of nikah and effecting a talaq), in accordance with the true Shari‘a, are these acceptable according to the Divine laws or not?

Answer

The ruling of a Muslim judge, when it is in accordance with the true Shari‘a, is valid in the Shari‘a with regard to annulment of nikah. The ruling of a non-Muslim judge in such matters is not valid in the Shari‘a. However, with regard to kafir subjects, the ruling of a kafir judge will also be valid: [ar]فَيُشْتَرَطُ فِيهِ (فِي الحَكَمِ)

Source: Fatawa Mahmudiyya

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