ŠERIJATSKOPRAVNI STATUS RAZVODA PRED GRAĐANSKIM SUDOM
SHARĪʿA LEGAL STATUS OF DIVORCE IN A CIVIL COURT

Summary/Abstract: Although divorce is generally considered undesirable in Islam, it is nonetheless legally permitted and regulated by Sharīʿa norms. The aim of this paper is to analyse the modes of termination of marriage under Islamic law, with a particular focus on the Sharīʿa legal status of divorce decreed by a civil (secular) court. Since the positive law applied by civil courts in the field of family law often significantly differs from Sharīʿa law, there is a clear need for a scholarly examination and assessment of the legal validity of such court rulings from an Islamic legal perspective. This paper presents two prevailing contemporary legal approaches regarding this issue, together with an analysis of the arguments and methodological frameworks adopted by modern Islamic jurists. A critical evaluation of both positions is provided, upon which the paper formulates conclusions and offers recommendations based on the findings.

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