Monday | 26 October 2020 | 9 Rabiul-Awal 1442
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Fatwa Answer

Question ID: 654 Category: Dealings and Transactions
Divorce

she got fatwa of divorce from shariah board of America she I swear to Quran I never divorced her and I’m still talking care of her please send me a fatwa she is till my wife to show her

الجواب وبالله التوفيق      

 

On the condition that the detail provided in your question is true, as per your sworn statement, if you have not given divorce to your wife then no divorce has occurred. But in this regard your wife had asked for the fatwa stating that you issued her verbal divorce 15 times and each time you issued her 3 divorces. Based on her statement the fatwa was issued that due to your uttering of 3 divorces on the very 1stoccasion, she became مطلقہ مغلظہ(Divorced) and حرام(Haraam) on you.

However, due to your sworn statement, قضاء"the حکمis that if you didn’t issue divorce then the divorce didn’t occur either. But if the reality is on the contrary, as is apparent from the statement of your wife, then due to your swearing or we giving the fatwa, the حرام(Haraam) doesn’t become حلال(Halaal) and the حلال(Halaal) doesn’t become حرام(Haraam). This is the matter of فیما بینک و بین اللہ(between you and Allaah).

 

قال تعالی، وَاِنۡ يَّكُ كَاذِبًا فَعَلَيۡهِ كَذِبُهٗ ؕ وَاِنۡ يَّكُ صَادِقًا يُّصِبۡكُمۡ بَعۡضُ الَّذِىۡ يَعِدُكُمۡ ۚ اِنَّ اللّٰهَ لَا يَهۡدِىۡ مَنۡ هُوَ مُسۡرِفٌ كَذَّابٌ‏ ﴿سورہ المومن آیت ۲۸

 

“If he is a liar, then his lie will fall back on himself; and if he is truthful, then some of that punishment of which he warns you will afflict you. Indeed Allah doesn’t give guidance to the one who is a transgressor, a liar”. (Surah Al Mo’min, Ayat 28)

 واللہاعلم بالصواب