Fatwa ID: 05331          

Answered by: Mufti Javed Ibn Nazir Kachhalia

Question

Please help. One time, one of my friend said “have you and your wife gone your separate ways? I said ” yes I don’t have a wife anymore we have gone our separate ways, meaning I’ve left her” but I was lying and never had any intention of divorcing my wife. The reason why I said this is because I didn’t want them to know my business but I quickly change my statement and said ” yes I have a wife” but all I wanted was them not to know my business. is this divorce brother?

In the name of Allah, the Most Gracious, the Most Merciful

Answer

It has been mentioned in ‘Ahsanul Fatawa’ and this has been extracted from ‘Fatawa Hindiyyah’:

“If a person has been asked, do you have a wife? And he replies: No. If he says by this I was lying and I didn’t have the intention, then this person will be considered truthful and divorce won’t take place. But if he had the intention of divorce, divorce will take place” (Ahsanul Fatawa, Vol 5, Pg 142, Yahya Book Depot)

Only Allah knows best

Written by Mufti Javed Ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham