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I am Asghar and I got married 2 years back and I have a daughter who is one year old now. My wife has applied for Khula (divorce) in local Jamat (Mosque). She has made false allegation that I have illegal relationship with my sister-in-law (brother’s wife); however, she does not have any evidence for this and the Jamat did not ask for any evidence when the discussion happened in Jamat. She has mentioned in her Khula petition that once she saw me along with my sister-in-law with my sister-in-law’s room in inappropriate manner which completely is false and Allah knows it better. As per Islamic law she should provide 4 evidences for her allegation. She made the false allegation and she confirmed to Jamat that she was there on the time of incident. She lied by being in Mosque which is house of Allah. My question here is, how can I prove or what should I do according to Islam to prove that I am innocent.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I am Asghar and I got married 2 years back and I have a daughter who is one year old now. My wife has applied for Khula (divorce) in local Jamat (Mosque). She has made false allegation that I have illegal relationship with my sister-in-law (brother’s wife); however, she does not have any evidence for this and the Jamat did not ask for any evidence when the discussion happened in Jamat. She has mentioned in her Khula petition that once she saw me along with my sister-in-law with my sister-in-law’s room in inappropriate manner which completely is false and Allah knows it better. As per Islamic law she should provide 4 evidences for her allegation. She made the false allegation and she confirmed to Jamat that she was there on the time of incident. She lied by being in Mosque which is house of Allah. My question here is, how can I prove or what should I do according to Islam to prove that I am innocent.

Answer

(Fatwa: 131/74/L=1433)

According to Shariah, you shall be free from blame if you swear. It is not your duty to produce proof; rather it is your wife’s obligation. If she cannot present four witnesses then her allegation shall be considered false.

Allah (Subhana Wa Ta’ala) 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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