Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamulaykum

Please suggest following:

Suppose a muslim wife go in court to trial her husband.

Can a husband in Islam say that he has already divorced his wife before five days to show in courts. What will be staus of divorce in Shariat. 

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Answer:

Husband divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 237:

237 And if ye (men) divorce them before consummation but after the fixation of a dower, for them (the wife) then the half of the dower (is due to them) unless they remit it. Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget liberality between yourselves. For Allah sees well all that ye do.

Allah Subhanah has bestowed the ties of marriage in Islam in the hands of the husband; and all the husband has to do if he intends to divorce his wife is to pronounce or declare a statement to the effect of ‘I divorce you’, and a divorce will be established in that marriage in the Sight of Shariah Law and of Allah Subhanah.

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

If a wife wishes to initiate a divorce proceedings and takes her husband to court, and the husband bears witness before the Shariah Judge that he has already divorced his wife….the Judge is well within his rights to accept the witness of the husband, and one divorce will indeed be deemed established between the husband and the wife in their marriage.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan