Does This Ruling Constitute Talaaq?

Answered according to Hanafi Fiqh by


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.





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


[email protected]                  

22 June 2007

06 Jumaaduth Thaani 1428