Every Muslim knows and understands that Islam is the Deen of Allah Azza Wa Jal, and that obedience to the commands and prohibitions of this Deen is imperative. It is essential that the difference between sin and rebellion be understood. While sinning against the Law of Allah Ta’ala renders the perpetrator a faasiq, he/she remains a Muslim. On the other hand, rejection of any tenet of Islam is rebellion which is kufr. Thus, the one who rejects any Law of the Shariah becomes a kaafir even if he/she does not commit it. Allah Ta’ala states in the Qur’aan Majeed:
“It is not lawful for a Mu’min (Believing man) nor for a Mu’minah (Believing woman) when Allah and His Rasool have decided an issue that they have any choice in any of their affairs.”
Allah Ta’ala also declares in the Qur’aan Shareef: “Verily, By your Rabb! They do not have Imaan until they appoint you (O Muhammad!) the judge
in their mutual disputes. Then they do not find within themselves any dissatisfaction with regard to what you have decided, and they fully (and wholeheartedly) submit (to your Ruling).”
Thus, in a dispute, the Mu’min and the Mu’minah turn to the Shariah of Allah Ta’ala, not to the secular courts for relief and resolution. These Qur’aanic verses as well as many other Aayaat and Ahaadith make it abundantly clear that rebellion or rejection of Allah’s Laws or even discontent and dissatisfaction against the Rulings of the Shariah are acts of kufr which eliminate Imaan. One who is guilty of such rejection /dissatisfaction leaves the fold of Islam and becomes a murtadd. Having understood the gravity of rejection of any Hukm of the Deen, we are directing this Naseehat in particular to Muslim divorced sisters who hasten
to enlist the aid of the kuffaar courts to extract haraam money from their ex-husbands. When a marriage breaks down and ends in divorce, the Muslim woman should understand that she is still a Muslim. The acrimony and hurt which the breakdown of the marriage has caused should not impel her to barter away her Imaan, become a murtaddah and ruin her everlasting life of success, happiness and pleasure of the Aakhirah for the sake of gaining the carrion of this world. Rasulullah (sallallahu alayhi
wasallam) said: “This world is carrion.” Life is short and miserable in this dunya. This world is an abode of trial and tribulation. Difficulties and misery should not be allowed to efface intelligence to cause the ruin of Imaan.
The divorcee should understand that when she proceeds to a non-Muslim court to gain custody of children, to gain maintenance and to claim half the estate of her ex-husband, she stands in open rebellion and violation of Allah’s Laws. She stands in precisely the same position and adopts the same stance as Shaitaan had adopted when Allah Ta’ala commanded the Sajdah for Hadhrat Aadam (alayhis salaam). There he stood erect among the
trillions and trillions of Malaaikah whose heads were all in prostration. The divorcee in the kuffaar court is in this shaitaani category of rebellion. She is
not only transgressing and committing a sin. By her demand that the secular court declares her Islamic marriage to be one in community of property, and that maintenance in conflict with the Shariah be fixed for her and the children, she flagrantly and rebelliously refutes and rejects the Law of Allah Ta’ala on these issues. For the sake of laying hands on ill-gotten wealth belonging to her ex-husband, she rejects Islam’s categoric laws on these issues, expels her Imaan from her heart and leaves the fold of Islam. She does so by rejecting Islamic Law and adopting Jaahiliyyah law. In this regard the Qur’aan Majeed warns:
“What! Do you search for the law of Jaahiliyyah (the law of the kuffaar)? And whose law is better than the Law of Allah for people of Imaan?” Rushing to the kuffaar court to acquire rulings in terms of the law of Jaahiliyyah and Kufr merely to lay hands on haraam money, is tantamount to kufr – such kufr which expels one from Islam.
Imaan is negated. Allah Ta’ala has ordained a Law to which all Muslims have to compulsorily submit. Refusal to submit to the Divine Law is kufr. It is essential that the divorcee who seeks the aid of the nonMuslim court for the acquisition of rulings in flagrant and violent conflict with the Shariah understands that she no longer remains a Muslim. It is also vitally important for the Muslim community to understand that the woman who
becomes murtaddah in this manner, should not be regarded as a Muslim. Nikah with her will not be valid nor will it be permissible to accord her an Islamic burial. She ceases to be an heir in the estate of her deceased parents or anyone else’s estate in which she inherits if she is a Muslim.
Another, vital consideration which should not be overlooked is the status of
such ‘Muslim’ lawyers who aid and abet such a recalcitrant divorcee to gain kufr relief from a secular court. Such lawyers too become murtadd.
The Ahkaam of Irtidaad will become applicable to them.
Muslim sisters are reminded that proceeding to court for the acquisition of rulings in conflict with the Shariah puts them fully within the scope of the
Qur’aanic ruling stated in the following aayat:
It is not intelligent to destroy the everlasting life of Pleasure in Jannat for
the decomposing carrion of this transitory worldly life. Aql demands that the bitterness and inordinate demands of the nafs be restrained and regulated within the confines of the Shariah. The trend of committing kufr and becoming murtadd by resorting to the kuffaar court to gain rulings in
diametric conflict and in negation of the Shariah is on the increase among
Muslim divorcees who see an opportunity to lay hands on the money of
their ex-husbands. They should understand what they will be ingesting
when they devour the Suht (haraam rot) which the court of Jaahiliyyah
awards them. Every second they will be under the curse (La’nat) of Allah Azza Wa Jal and His Malaaikah. For the ‘comfort’ of a miserable few short years of earthly life, it most certainly is not intelligent to sacrifice the comfort and success of the Aakhirah.
When shaitaan influences you to proceed to a court of Jaahiliyyah in search
of the hukm of Jaahiliyyah and Kufr, you should reflect and seek forgiveness from Allah Ta’ala for your recalcitrance. Imaan is the most
valuable treasure that Insaan possesses. It is an extremely delicate treasure. A ‘simple’ statement or an attitude can extinguish this treasure to bring everlasting perdition and ruin to the murtaddah. May Allah Ta’ala guide you and preserve your Imaan and the Imaan of all Muslims.

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