Q and A re: Marriage and Divorce in Islam, Shariah Laws at work
I got married in february and my husband told me he was divorced and showed me the muslim divorce paper before our marriage,in may he confessed that the paper he showed me was a fake because he didnt include his wifes middle name and he did this intentionally so that i would marry him but the paper was stamped by an official body,he has started to go and see his 1st wife altho she is very bad with him and has no respect which is very hard for me,ive recently started practising more by prayers and i know whats written in the Quran but im still finding it all very hard as we have a love marriage not arranged like his 1st marriage,is his divorced still valid or not please help
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
According to Shari’ah, a divorce is valid if the husband gives Talaaq-e-Baain (an irrevocable divorce) or one or two Talaaq-e-raja’ ee (revocable divorce) and during the iddah of the wife (if given Talaaq-e-raja’ ee) he does not say or do anything to indicate that he will take her back, e.g. being intimate with her. If any of this occurred, then the divorce will be valid and they will be haraam upon each other.
Also, if he wrote on the paper that he divorced his wife (Talaaq-bil- kitabah), then the divorce will be valid as well, whether he intended to divorce her or not.
Your husband should be extremely cautious and see whether any of these scenarios did occur.
If he showed you the paper solely to deceive you into marrying him then he will be sinful for that. He should make tawbah and istighfaar (repentance and seek the forgiveness of Allah) if this was done.
Regardless of the deception, if any of the abovementioned scenarios did not occur then their marriage will still be intact.
However, in order for us to provide a ruling in your case, please provide a copy of the divorce paper your husband showed you and it must also be known whether your husband did in fact pronounce talaq to his first wife, as the information given in the query is insufficient.
And Allah knows best
Ml. Asif Umar,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah