Back to search
The question

What is the sin incurred by the wife if the judge rules for divorce based on false testimony from her and false witnesses, and does the divorce take place in this case?

Share this answer

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

The fundamental principle is that divorce is in the hands of the husband; no one else has the authority to effect it, except in specific cases, such as the husband's inability to provide maintenance. A wife sins if she requests a divorce without a valid excuse. It is obligatory for the wife to obey her husband and not raise her voice at him. She must return to him and obey him in traveling to his place of residence. The concern of the questioner regarding the possibility of a divorce ruling in favor of the wife based on false testimony is unfounded, as the basic principle is that the Islamic judge does not rule until after hearing the argument of the other party. If the judge rules to divorce in a case that does not meet the necessary conditions, then according to the inner truth (in the sight of God), the divorce does not take effect, and the wife remains under his marital bond, and it is not permissible for her to marry anyone else. This is the view of the majority of scholars.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
89483
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy