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What is the ruling of Islamic law on agreeing with one's wife to obtain a non-genuine divorce certificate from the court, claiming divorce before the judge, and bringing false witnesses to obtain government housing and a salary for the wife, knowing that no divorce has occurred verbally or intentionally, and is what he did considered a legal divorce?

1 min readAlso available in العربية

We draw the questioner's attention to two matters: First: Divorce is among the matters of Sharia that must not be taken lightly or trifled with. Second: Bearing false witness is among the major sins. What was done by the questioner, his wife, the witnesses, and the judge – if he was complicit – are all reprehensible acts, and they must all repent to Allah. As for the ruling on what transpired before the judge, the preponderant view is that whoever falsely admits to divorce, his divorce takes effect judicially, but not religiously, and thus the marital bond remains between them. As for government grants, it is not permissible to take or benefit from them as long as the state sets conditions for their eligibility and these conditions have not been met. And if you fear Allah, He will make for you a way out. We advise you to recite the supplication that the Prophet (peace and blessings be upon him) taught: "O Allah, suffice me with Your lawful against Your unlawful, and enrich me by Your grace, independently of anyone besides You."

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Source platform
Ftawy
Original fatwa ID
105251
Imported
Translation status
Source text, unreviewed
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