The extent of reliance on the divorce conducted by a non-Muslim judge - a jurisprudential study compared to the Kuwaiti law

Abstract

Because of the spread of Muslim communities in the countries of infidelity, and resorting to non-Muslim judges, we wanted to know the ruling on reliance on the divorce conducted by the non-Muslim judge, and the conditions of the judge according to the jurists. What is the authority authorized by law to effect the divorce? And that is by looking at what the jurists mentioned, and comparing that with the Kuwaiti law, and the purpose of this research is to clarify the definition of divorce and the judge linguistically and legally, and to know the conditions of divorce and the judge on behalf of the jurists, and to explain the ruling of counting the divorce of a non-Muslim judge in Islamic jurisprudence and Kuwaiti law, and I followed the descriptive approach to explain definition, conditions and judgment, and the analytical method in arriving at the results, One of the most important findings of this research is that divorce has conditions, some of which are related to the absolute, some to the divorced, and some to the formula, and that the judge has conditions, some of which are agreed upon and some of which are different, and Islam is one of the conditions agreed upon in the judge, and that resorting to a non-Muslim judge is not valid. Islamic centers in infidel countries do not need it, and Kuwaiti law stipulates that whoever takes over the judiciary must be a Muslim, and accordingly, the rulings of a non-Muslim judge are not relied upon.