He Divorced His Wife Once, Then When He Went To Document It Officially In The Court, He Signed A Paper That Said He Had Divorced Her Three Times
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i had my nikkah 2 months back but then it was disclosed and my husbnd denied
because he was afraid of his brother at first and then later on he accepted so
am i in nikkah with him still ?
Praise be to Allah.
Such a question cannot be answered without knowing the exact words uttered by
the husband or knowing what he intended and meant by those words – did he intend
by denying it to set himself free from his wife, because he was upset at their
spreading the news of the marriage? Or did he simply wants to conceal the
marriage without any intention of setting himself free from his wife?
If he simply wanted to conceal his marriage, without any intention of divorce,
then that does not count as a divorce
The fuqaha' (may Allah have mercy on them) discussed a similar issue. They said:
if a man is asked, "Do you have a wife?" and he replies "No," but he is lying,
that does not count as a divorce.
Ibn Qudaamah (may Allah have mercy on him) said: If it is said to him, "Do you
have a wife?" and he says, "No," intending to lie, that does not imply
anything... because saying "I did not have a wife" could be a metaphor (for
divorce) if he had the intention of divorce. If he intended to tell a lie, then
he did not intend to divorce her and it does not count as such.
End quote from al-Mughni, 7/400
Al-Bahooti (may Allah have mercy on him) said: If it is said to him, "Do you
have a wife?" and he says, "No," intending to lie, he has not divorced her,
because it may be a metaphor (for divorce), and if he intended to tell a lie and
did not intend to divorce (then it does not count as divorce).
End quote from Kashshaaf al-Qinaa', 5/247
Therefore if this man said, "So and so is not my wife," if what he intended by
that was divorce, then it counts as such, but if he intended to conceal the
marriage, then it does not count as a divorce.
If he denied the marriage, such as if he said, "I did not marry So and so" or "I
did not do the marriage contract with So and so," this wording is to be regarded
as a lie, and it does not count as a divorce.
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