بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

Per Shari’ah rules the best course of action is for the husband and wife to mutually resolve their differences or try to settle it with the help of elders of both families. Neither the court nor an imam of the masjid has the right to decide in anyone’s favor. 

But, if the imam of a masjid is designated as a judge and an arbitrator or if a court is approached and is given the authority to decide in your favor, then it is obvious that you yourselves are responsible for it. 

Only when the husband has approved and signed the divorce papers, the divorce will be legally approved. That is not because the court or a non-Muslim judge has authorized the divorce, but rather because it involves the consent of the husband, and the court is an advocate on his behalf. It is quite possible that Imam when he talked about the divorce was in that background. If required, you can provide further details to reassess ruling in this matter. 

Regarding division between Civil and Islamic divorce, it is fictitious and self-constituted division. Shari’ah has no such division. 

To link divorce with the change of place of abode, please see above response, which states that unless the husband himself gives divorce or accepts annulment of Nikah (Khul’a), or authorizes the court to issue divorce, Shari’ah divorce will not take place, regardless of whether he travels to any country of the world or returns from there. 

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