Back to search
The question

Is the feigning of separation by spouses to obtain additional financial support from the government considered a divorce, and is what was reported from Scholar Al-Qaradawi in this regard true?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"Whoever utters the explicit word of divorce or writes it, their divorce takes effect, whether seriously or in jest. The intention not to effect the divorce does not benefit them, for the Prophet, peace and blessings be upon him, said: 'There are three things whose seriousness is serious and whose jest is serious: marriage, divorce, and revocation.' The scholars have agreed that the explicit word of divorce takes effect if it is uttered by a sane, adult person, and the speaker's statement 'I was jesting' or 'I did not intend it' is of no avail. This ruling applies to explicit divorce formulas. However, if the formula can be interpreted as divorce or something else, divorce does not take effect without intention.

Based on this, what was mentioned in the question is considered a divorce, and to it is added the sin of lying and treachery. It is obligatory to repent and renew the marriage contract if this was not the third divorce. The children are attributed to their fathers due to the semblance [of marriage]. A Muslim should not betray or lie, and doing so with disbelievers is more severe because the sin of hindering people from the way of Allah is added to it."

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
41216
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy