[Q-ID0400] If I (wrongly) tell people I divorced my wife, has divorce occurred?

QUESTION:

What do the scholars and muftis of the noble Shari’ah say regarding this matter: my parents wanted me to wed in Pakistan. Although I did not agree with them at first, I eventually got married on the request of my parents. When I returned to England, I told my friends that I divorced my wife many times i.e. more than 3 times when in fact I had not divorced her. Also, when I went to Pakistan, my wife was sleeping when I said quietly in my mind that I divorce you. Has she been divorced and if so, how many times?

Questioner: A brother from UK

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

Merely stating [iqrār] that divorce has taken place validates its occurrence even if it is a false statement. Therefore, in the scenario of the question, 3 divorces were declared which consequently means that 3 divorces were in fact given. The woman is no longer halāl for him unless halālah is done.

It is mentioned in Fatāwa Ridawiyyah:

(By stating [iqrār]) the ruling of divorce will be given even if it is a lie.

It is mentioned in Khairiyyah that this is concerning the one who makes a false declaration of divorce.

[Fatāwa Ridawiyyah Vol. 12 p.383]

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri
Translated by Dawud Hanif

Read the original answer in Urdu here – [Q-ID0400] If I (wrongly) tell people I divorced my wife, has divorce occurred?

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