What is the ruling on a divorce document that includes provisions not agreed upon, such as the husband's release from the dower (sadaq), deferred dower (mu'akhkhar), and compensation (mut'ah), and the claim that the wife requested the divorce, and what is the ruling on the witnesses who testified to this document, and what is the ruling on the husband's denial of the second divorce then his subsequent admission of it, knowing that the wife has already received her deferred dower and compensation?
Allah has placed divorce in the hand of the husband. So, if the husband acknowledges the occurrence of the irrevocable divorce (Bainunah Kubra) written in the document, while he is in a state of sound mind and free choice, then it has occurred. An acquittal is not necessary as long as he does not acknowledge its occurrence, but since you have taken your right from him, the desired outcome has occurred. The husband's divorce takes effect upon his acknowledgment of it, whether the wife requested it or not. If witnesses testify falsely, they are sinful. If the husband acknowledged what is in the document falsely and slanderously, he has committed a grave wrong.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 59518
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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