Does This Ruling Constitute Talaaq?

Question:

Assalamualaikum wa rahmatullah wa barakatuhu
 
Respected Mufti Sahib,
 
Can you please assist in answering the following Question, may Allah the Almighty reward you in abundantly, Ameen.
 
A husband made a petition to the English court asking the Judge to issue a Legal Divorce on the basis that,
 
* the husband had lived apart from his wife for a continuous period of at least two years immediately preceding the presentation of the petition, and
 
* the wife consents to a divorce being granted and
 
* that the marriage has broken down irretrievably.
 
If a Judge holding the above reasons issued a divorce, when the truth of the matter was that all these basis were completely untrue, will the divorce issued by a Judge be valid according to the Shari’ah??
 
An immediate response would be anticipated.
 
Jazakallahu khayran.


Answer:

 

                  

  

If the judge issued a legal divorce on the basis of the husbands statement while the husband was untrue in his statement and did in fact not verbally issue a Talaaq, and does not intend making the judge an agent on his behalf for the issuing of a Talaaq, then the decision of the judge does not affect a Talaaq.

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

www.mahmoodiyah.org.za

[email protected]                  

22 June 2007

06 Jumaaduth Thaani 1428