Annulment of nikah by a non-Muslim court

Question

Question: The husband did not give his wife maintenance (nafaqa) and harassed her without cause. On this ground this wronged woman filed a claim in court and demanded annulment of the nikah. The non-Muslim judge of the court pronounced the order of annulment of the nikah and gave a formal decree. Now, if we contract this woman’s second nikah after her ‘idda has passed, is there any harm in it?

Answer

The ruling of a non-Muslim judge is not sufficient in the Shari‘a for annulment of nikah. Either a talaq should be obtained from the husband, or the nikah should be formally annulled through some Muslim official, or khul‘ (divorce for compensation at the wife’s request) should be carried out. After that, having observed the ‘idda, nikah elsewhere will be valid.

Source: Fatawa Mahmudiyya

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