455 Viewed  |    Dated 21 / 01 / 2014

Issue of Muslim women who obtained a divorce from Swedish courts outside the scope of the personal status law

I got a Masters degree in human rights from the Kingdom of Sweden and currently I am in the process of preparing a master’s thesis in international migration and ethnic relations, the letters contain the subject so important is the issue of Muslim women who obtained a divorce from Swedish courts outside the scope of the personal status law and outside legal frameworks, and some of them have married for a second time and gave birth .
I want to address : How can we solve this problem from the standpoint of the (Hanafi ) doctrine? And how do you think the way to prevent such problems in the future? What is the ruling on the second husband and kids according to the Hanafi doctrine .
The answer:
First: it is not permissible for Muslims to refer their affairs to the others (other Muslims Laws), and the other provisions of the religion of Allaah (and your Lord do not believe until they judge you with trees including and then not find themselves embarrassed which I spent in recognition and handed over) Al Nisa’a 65. If  Muslim women in non-Muslim countries enforced to seek a divorce from her husband for a legitimate reason, such as beatings and insults and slander her and her family,and her  husband refused to divorce, it should tkhalah, the ‘ iddah or out-of-court divorce divorced and bass recorded in court.
Second: If the husband refuses divorce or (separation)  was unchanged at the Islamic Centre in the country of residence of that act as legitimate when no justice after the conditions are met, consider the same in accordance with the provisions of the law. Then proof in civil courts.
Third: divorce the civil courts illegal husband, or force him to divorce is divorce valid only if supported by the rule of the Islamic Center in the country of residence, or in your country if possible for litigation.