Question # : 386
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.
Answer : 386
Published on: May 21, 2007
بسم الله الرحمن الرحيم
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 Uloom Deoband