Solving civil cases by local courts in non-Muslim countries
1-11-2010 | IslamWeb
Question:
Assalamu alaikum.Is there Ijmaa that civil cases like divorce can be solved by local Qazi's in non Muslim countries and there is no need for an Islamic govt. for this whereas for criminal cases this is not applicable and should be only by Islamic government?Could you give authentic evidence. Jazakhallah Khair
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, it should be mentioned that it is not permissible to resort to non-Islamic courts, so how can there be a consensus about its permissibility? Rather, the correct opinion is that it is not permissible for a Muslim to resort to non-Islamic courts that judge with other than what Allaah has revealed, whether this is in regard to divorce or marriage issues or else as we explained with detailed evidence in Fatwa 86134.
Indeed, a Muslim in non-Muslim countries should resort in issues of divorce and the like to Islamic Centers and to trustworthy scholars.
If the Muslims resort to a non-Islamic court in non-Muslim countries and it issues divorce, then this is not Islamically considered a divorce. The statement of the Assembly of the Muslim Jusrists in America reads: “The seventh point: To what extent the civil divorce in courts outside Muslim countries can be relied upon: “The decision clarified that if a man divorces his wife Islamically, then it is permissible to authenticate it in non-Islamic courts. However, if there is a dispute about divorce between the spouses, then the Islamic Centers act on behalf of Islamic courts if the latter are not existent, that is after completing the necessary legal procedures. Also, resorting to non-Islamic courts in order to terminate the marriage in a legal manner does not lead by itself to the end of marriage Islamically, because if a woman obtains divorce from a civil court, then she should take this to Islamic Centers to be investigated by the competent scholars in these issues in order to finalize the matter Islamically, and there is no need to say that it is a necessity to resort to civil courts in case there is Islamic Centers; since it is easy to resort to them in different areas.”
Allaah Knows best.