She is using man-made laws to prevent her husband from marrying again
Question

                A Muslim woman who wears hejab was divorced by her husband in Switzerland.  Right after this she asked a Swiss court for separation. She takes more than half of the husband’s monthly salary. This woman does not work and she has the custody of her 4 years old daughter.  According to Swiss law, this is not considered divorce. As for them divorce does not take place unless both husband and wife agree to it, or after two years of separation. More than one year passed and this woman takes more than her right, and does not agree to divorce in order to prevent her husband (who divorced her) from marrying another.

1- Is it correct to turn to the law of Switzerland instead of the Islamic law, and justify this by saying that we should abide by the law of where we live? 

2- The father spends on his daughter, has he to spend on his ex-wife, knowing that she finished her ‘iddah more than one year ago? When should he stop spending on her? 

3- What is the ruling on this woman who used the law of Switzerland to stop her husband from marrying another, although he divorced her more than one year ago?.
Praise be to Allah.
    It is not permissible to refer for judgment to anything but 
    the sharee’ah of Allaah, because Allaah says (interpretation of the 
    meaning): 

    “But no, by your Lord, 
    they can have no Faith, until they 
    make you (O Muhammad صلى الله عليه وسلم) 
    judge in all disputes between them, 
    and find in themselves no resistance against your decisions, and accept 
    (them) with full submission”

    [al-Nisa’ 4:65]. 

    Ibn Katheer (may Allaah have mercy on him) said: Allaah 
    swears by His Divine Self that no one truly believes unless he makes the 
    Messenger  (peace and blessings of Allaah be upon him) judge in all his 
    affairs. What he rules is the truth which must be followed both inwardly and 
    outwardly. Hence He says “and find in 
    themselves no resistance against your decisions, and accept (them) with full 
    submission” i.e., if they refer to you for judgement and obey you 
    inwardly so that they find in themselves no resistance against your ruling, 
    and they follow it outwardly and inwardly, then submit to that fully with no 
    objection, resistance or argument, as it says in the hadeeth: “By the One in 
    Whose hand is my soul, none of you (truly) believes until his desire is in 
    accordance with what I have brought.” End quote.

    Tafseer Ibn Katheer (1/532). 

    Ibn ‘Uthaymeen (may Allaah have mercy on him) said: This oath 
    begins with the words Fa laa (But no) which is used for emphasis, then 
    Allaah swears by the most specific type of Lordship – which is the Lordship 
    of Allaah to His Messenger – that the one who does not do the following 
    things has no faith: 

    1 – Referring for judgement to the Messenger  (peace and 
    blessings of Allaah be upon him), because He says “until 
    they make you (O Muhammad صلى الله عليه وسلم) 
    judge”. The one who seeks judgement from anyone other than Allaah 
    and His Messenger is not a believer, and is either a kaafir who is beyond 
    the pale of Islam or a kaafir in the sense of lesser kufr. 

    2 – Contentment with and acceptance of his ruling, so that 
    they do not find in themselves any resistance against what he has decreed, 
    rather they accept it and are content with what the Prophet  (peace and 
    blessings of Allaah be upon him) has decreed. 

    3 – That they accept with full submission, i.e., submit 
    totally. 

    Beware, O Muslim, of cancelling out your faith. End quote. 

    See: Sharh al-Waasitiyyah by Ibn ‘Uthaymeen, p. 
    181/182. 

    What this sister – in whom it seems that there is a great 
    deal of good, based on what it says about her in the question, such as that 
    she wears hijab – should do is refer for judgement to someone who can judge 
    between her and her ex-husband on the basis of the laws of Allaah. We have 
    described how that may be done in the country in which they live in the 
    answer to question no. 4044; there is sufficient information there, in sha 
    Allaah. 

    We advise her to try again to set things straight and try to 
    re-marry her husband, as that is in the interests of their daughter. 

    As for the answer to the questions that are mentioned: 

    1.

    Divorce occurs when the husband utters the word of divorce 
    and it does not need a ruling from a shar’i judge let alone a ruling from 
    one who does not rule in accordance with that which Allaah has revealed. 

    2.

    It is not permissible to turn to man-made laws in order to 
    prevent a man from doing that which Allaah has permitted; that is a 
    transgression against him and is wronging him. This sister should fear 
    Allaah and remember that wrongdoing will be darkness on the Day of 
    Resurrection. 

    3.

    After the end of the ‘iddah, the divorced woman is not 
    entitled to any maintenance or accommodation. Ibn Qudaamah said in 
    al-Mughni (7/145): Accommodation and maintenance are only due to a woman 
    from her husband in the case of a revocable divorce. End quote. 

    4.

    If it is known that she is not entitled to any maintenance or 
    accommodation, then what she is taking from the man on the orders of the 
    court, which is not given by him willingly, is haraam, because Allaah says 
    (interpretation of the meaning): 

    “O you who believe! Eat not up your property among 
    yourselves unjustly except it be a trade amongst you, by mutual consent”

    [al-Nisa’ 4:29]. 

    And because the Prophet  (peace and blessings of Allaah 
    be upon him) said: “Every Muslim is sacred to his fellow-Muslim, his blood, 
    his wealth and his honour.” Narrated by Muslim. 

    Based on that, she should return it to him or ask him to let 
    her off. 

    5.

    Custody of the daughter before she reaches the age of seven 
    years is her mother’s right, so long as she is Muslim and trustworthy, and 
    has not remarried. Imam Ibn Qudaamah (may Allaah have mercy on him) said in
    al-Mughni (8/190): If the couple separate, and they have a child who 
    is still a minor or disabled, his mother has the most right to custody of 
    him if she fulfils all the conditions, whether the child is male or female. 
    This is the view of Yahya al-Ansaari, al-Zuhri, al-Thawri, Maalik, 
    al-Shaafa’i, Abu Thawr, Ishaaq and ashaab al-ra’y, and we do not know of 
    anyone who disagreed with them. End quote. 

    6.

    Maintenance of the daughter is a shar’i obligation on her 
    father, even if she is in her mother’s custody, because of the report 
    narrated by al-Bukhaari and Muslim from ‘Aa’ishah, that Hind bint ‘Utbah 
    said: O Messenger of Allaah, Abu Sufyaan is a miserly man who does not give 
    me enough for myself and my child, except for that which I take without his 
    knowledge. He said: “Take that which will suffice for you and your child, on 
    a reasonable basis.” This indicates that the maintenance of the children is 
    their father’s duty, and that the maintenance should be based on what is 
    sufficient, and she has no right to take more than what is sufficient. 

    And Allaah knows best.