Does a divorce take place if the wife is falsely accused and then these accusations are proven to be lies?
If a man divorces his wife based on a specific reason, and it then becomes clear that this reason does not exist, the divorce does not take effect. This is the view chosen by Shaykh al-Islam Ibn Taymiyyah and Ibn Rajab, and it was the given by the two Shaykhs Muhammad ibn Ibrahim and Ibn Uthaymeen.
For example, if he divorces her believing she committed adultery or left the house, and her innocence is then proven, the divorce does not take effect. Similarly, if he divorces her because he thought she entered a certain place where there was something forbidden, and it turns out that was not the case, she is not divorced. This is based on the principle that intention is considered in contracts, and that the divorce only occurred due to a cause that has been proven to be non-existent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 12511
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy