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Yasir Qadhi

Ask Shaykh YQ - Episode 12 - How do We Reconcile Going to Western Courts for Marriages & Divorce Issues

Yasir Qadhi

Muslim Central

Society & Culture, Islam, Religion & Spirituality

4.81.3K Ratings

🗓️ 6 September 2019

⏱️ 12 minutes

🧾️ Download transcript

Summary

Shaykh Yasir Qadhi explains on the issue of people going to western courts for marriage and divorce issues and what should be done when it conflicts with Islamic Law.  In a nutshell, this is a case by case verdict and not a general matter. First, a Shari'ah standpoint should be advised and tried to incorporate into the arbitration. They should go to a qualified Faqih and sort it out.

Transcript

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0:00.0

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0:05.0

Somebody asked me how do we reconcile going to Western courts

0:11.0

especially in marital or divorce issues when it conflicts with Islamic law. kain larijanai larijana nofriihi. This is a no one

0:25.0

a l'ihi. This is a no one with the glee glee,

0:29.0

gahrievo, too mla t'alla m'a. This is again a very very deep question and perhaps we'll have a longer session about this

0:38.9

however realize that this question one, it is generally theoretical and not practical.

0:47.0

Why?

0:48.0

Because we do not have any legislative power.

0:51.0

It is just talk in the end of the day the legislative

0:54.3

power belongs to the country that you're living in. And number two, generally

0:58.8

speaking, people who go to the courts are not interested in Islamic law.

1:03.0

So a couple is having an argument to issue or two people are having an issue.

1:07.0

They go to the court.

1:08.0

They're not interested in what a fakir or a kaldi or a sheik has to say.

1:12.0

They've already decided it.

1:14.0

Thirdly, this issue is highly problematic as well because the far rights

1:19.0

loves to jump on this and to claim that us Muslims are not patriotic and you probably are

1:26.4

aware a few years ago there was an arbitration court here in Dallas and

1:29.4

national media jumped on it.

1:32.8

Oh, Sharias being applied in Dallas.

1:35.6

There was Fox News, CNN, everybody went berserk.

1:38.7

And what was it?

...

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