Divorce on the Basis of False Accusation
Question:
Salam aleikum,
Is divorce under a false accusation still valid?
I have written to my wife "Divorced divorced divorced" on the basis of incorrect and false accusation. I did not intend three separate divorces when I wrote it. Shortly after I found out that she was completely innocent. I have read a fatwa that divorce does not count under false accusation (Ibn Taymiyyah and others that also supports this).
I hope inshallah to hear your answers.
I am very desperate.
Answer:
Alaykum Assalam,
This is a feqhi (ijtihadi) issue as we do not have any categorical instructions about it in the Shar’iah. In my view the issue of divorce under a false accusation is of two kinds:
- The husband makes divorcing of his wife conditional to a specific situation. For instance he says something to the effect that if you lie to me you are divorced.
In this situation, if it happens that the husband thinks that his wife has lied to him and therefore following his previous conditional statement the divorce takes effet, and then later finds that his wife did not actually lie to him, then the divorce is not valid.
Conditional statements in legal matters including divorce are well recognised and valid statements and the fact that they become effective only if the condition is truly materialises is an obvious legal rule.
- The husband divorces his wife with the understanding that the wife has done something wrong. Later the husband realises that in fact his wife had not done that that thing.
In this situation in my view divorce is still valid. Contrary to the above scenario this is not a conditional divorce. This is divorce based on an understanding. The point is, almost any divorce is based on an understanding and many times these understandings are not correct. When a husband divorces his wife and says I divorce you because you are not kind to me, the divorce remains valid, even if later the husband realises that his wife was in fact kind to him. Same applies to any other false accusations.
I leave it to you to decide which of the above applies to your case. Also the court in your country of residence may be able to make a fair judgement about the situation.
As for the issue of writing three divorces on a paper, first please note that the matter of divorce is a very sensitive matter in which the right of a person (wife) can be easily compromised by not taking into consideration all appropriate measures. We are not allowed to attempt flushing out our anger by misusing the regulations of the Shari’ah. Second, since you are stating that your intention was not three separate divorces therefore your divorce counts as one and if it is not the third time that you are divorcing your wife then you can return to her if you wish.
I would also like to advise you to pay attention to the following verse of the Qur’an:
يا أَيُّهَا الَّذينَ آمَنُوا اجْتَنِبُوا كَثيراً مِنَ الظَّنِّ إِنَّ بَعْضَ الظَّنِّ إِثْمٌ
Believers, avoid being overly speculative, for some speculations are sin (49:12)
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January 2014
Salam aleikum,
Is divorce under a false accusation still valid?
I have written to my wife "Divorced divorced divorced" on the basis of incorrect and false accusation. I did not intend three separate divorces when I wrote it. Shortly after I found out that she was completely innocent. I have read a fatwa that divorce does not count under false accusation (Ibn Taymiyyah and others that also supports this).
I hope inshallah to hear your answers.
I am very desperate.
Answer:
Alaykum Assalam,
This is a feqhi (ijtihadi) issue as we do not have any categorical instructions about it in the Shar’iah. In my view the issue of divorce under a false accusation is of two kinds:
- The husband makes divorcing of his wife conditional to a specific situation. For instance he says something to the effect that if you lie to me you are divorced.
In this situation, if it happens that the husband thinks that his wife has lied to him and therefore following his previous conditional statement the divorce takes effet, and then later finds that his wife did not actually lie to him, then the divorce is not valid.
Conditional statements in legal matters including divorce are well recognised and valid statements and the fact that they become effective only if the condition is truly materialises is an obvious legal rule.
- The husband divorces his wife with the understanding that the wife has done something wrong. Later the husband realises that in fact his wife had not done that that thing.
In this situation in my view divorce is still valid. Contrary to the above scenario this is not a conditional divorce. This is divorce based on an understanding. The point is, almost any divorce is based on an understanding and many times these understandings are not correct. When a husband divorces his wife and says I divorce you because you are not kind to me, the divorce remains valid, even if later the husband realises that his wife was in fact kind to him. Same applies to any other false accusations.
I leave it to you to decide which of the above applies to your case. Also the court in your country of residence may be able to make a fair judgement about the situation.
As for the issue of writing three divorces on a paper, first please note that the matter of divorce is a very sensitive matter in which the right of a person (wife) can be easily compromised by not taking into consideration all appropriate measures. We are not allowed to attempt flushing out our anger by misusing the regulations of the Shari’ah. Second, since you are stating that your intention was not three separate divorces therefore your divorce counts as one and if it is not the third time that you are divorcing your wife then you can return to her if you wish.
I would also like to advise you to pay attention to the following verse of the Qur’an:
يا أَيُّهَا الَّذينَ آمَنُوا اجْتَنِبُوا كَثيراً مِنَ الظَّنِّ إِنَّ بَعْضَ الظَّنِّ إِثْمٌ
Believers, avoid being overly speculative, for some speculations are sin (49:12)
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January 2014