What is the ruling of the Sharia regarding a wife who lied about her knowledge of the flash drive's location after her husband swore an oath of divorce, which led the husband to believe that a third divorce had occurred when in reality it was the second, and does this second divorce take effect, rendering the wife unlawful to him, and does she have rights upon him such as maintenance or compensation?
The majority of scholars hold that a conditional divorce occurs when the condition upon which it was made is fulfilled, whether the intent was divorce itself or merely a threat. This is the jurisprudential opinion (). This differs from Ibn Taymiyyah's view, who believes that it does not occur if the intent was threat, prevention, or encouragement, and can be resolved by an expiation for a broken oath (kaffarat ).
Since the wife has admitted to doing what her divorce was conditioned upon, the divorce has occurred. This is because the wife's statement is considered valid regarding matters whose truth cannot be ascertained except through her. It appears that the more cautious approach is to accept her statement, even if she initially denied and then admitted, due to the differing opinions among scholars regarding accepting a woman's statement if she retracts her previous one.
If the wife was lying, she is sinful for her falsehood and concealment, but there is no blame upon the husband. If he had intercourse with her before the expiration of her waiting period (), she has returned to his marital bond.
If she has become irrevocably divorced from him by the last divorce, she is not lawful for him until she marries another man in a marriage of genuine desire, and then he divorces her or dies, and her iddah ends. It is advisable to present these matters to courts or trustworthy scholars.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/125893
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 125893
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy