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.
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 Taala knows best
Mufti Muhammad Ashraf
22 June 2007
06 Jumaaduth Thaani 1428