Is a non-Muslim judge's decision to annul a marriage valid?
Is a non-Muslim judge's decision to annul a marriage valid?
Question: Shafiq-ul-Rehman was married to Bushra for about 7-8 years, and they had two children. However, they had a dispute, and Bushra left for her parents' house. She then filed a case in a Bangladeshi court for annulment of the marriage. The court heard both parties but did not annul the marriage due to Shafiq-ul-Rahman's objections. Later, Bushra's parents moved to the United States, where she filed another case for annulment in a non-Muslim court. The non-Muslim judge annulled the marriage without hearing Shafiq-ul-Rahman's statement or investigating the matter. Is the non-Muslim judge's decision to annul the marriage valid?
Answer: A non-Muslim judge's decision to annul a marriage is not valid according to Islamic law, and the marriage will not be considered annulled. Al-Muhila al-Najiza (المحیلۃ الناجزہ) states that if a non-Muslim judge makes a decision, it is completely invalid, and no annulment or other ruling can be made based on it (لان الكافر ليس باهل للقضاء على المسلم كما هو مصرح في جميع كتب اللّٰه) This is because a non-Muslim is not eligible to judge a Muslim, as stated in all Islamic law books. Even if a non-Muslim prepares the case and a Muslim judge makes the decision, or vice versa, the decision will still not be valid. (...الی قوله) Furthermore, if a decision is entrusted to a committee or a group of people, such as a jury or a bench, all members must be Muslims. If a non-Muslim judge, magistrate, or member is part of the committee, the decision will not be valid according to Islamic law, and any annulment or other ruling made based on it will not be correct. Therefore, in the given situation, the non-Muslim judge's decision to annul the marriage is not valid, and the marriage will not be considered annulled according to Islamic law. (Jami'-ul-Fatawa, Volume: 10, Page: 251).