|
|
|
|
Question:
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.
Answer: Fatwaa no. 116/07
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 Springs 22 June 2007 06 Jumaaduth Thaani 1428 |
Send mail to
jameah@worldonline.co.za with questions or
comments about this web site.
|
