Assalamou Alaikum warahmatullah wabarakatuhum 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 Shariah?? An immediate response would be anticipated. Jazakallahu khairan.

Answered according to Hanafi Fiqh by

بسم الله الرحمن الرحيم

(Fatwa: 92/D)


In the case mentioned above, though the husband did not pronounce Talaq, but when he filed a petition (though fake) in the court that he divorced his wife and asked the judge to issue a legal divorce, then also Talaq will take place:

قال في الشامي لو قال للکاتب اکتب طلاق امراتي کان اقرارا بالطلاق۔ وقال ایضاً لان الانشاء في الماضي انشاء في الحال، (شامي)

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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