Fatwaa ID: 1686

Question:
assalamu alaikum

What does religious ruling regarding using lies or deceit to unjustly assert someone right, like the right to meet someone’s daughter during divorce proceedings by telling lies?

Secondly I have aquestion regarding the khula or Fashq, Before agreeing to the divorce from wife can husband ask the wife to take the Oath for the false allegations put by her towards her husband and father of the husband in the Court.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

1. In principle, it is not permissible for a believer to tell lies. If one’s rights are being violated, then he should seek justice through permissible means and avenues. If the permissible avenues are not sufficient, then he will be excused, when required, to consider other avenues provided that he is not violating anyone’s rights nor tarnishing their honor and dignity. We are unable to comment on your specific situation as you have not provided sufficient details.
2. We would like to highlight that khula’ and faskh are two different things. Faskh is an annulment of the marriage, ruled by the Islamic court or Muslim judicial body, upon consideration of valid grounds. The husband’s consent or acceptance here is irrelevant.

Khula’ is a divorce initiated by the wife by her offering a monetary or material amount in lieu of a divorce. For the khula’ to be valid, the husband must agree. If he does not agree, then it will not take place.

In the enquired situation, prior to agreeing to the khula’, the husband may ask the wife to take an oath regarding the things mentioned in the query to falsify her claims. Both should ensure that honesty and truthfulness is found at all times. Both should also be reminded of their accountability to Allaah Ta’aala.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

02/08/1445 AH – 08/25/2023 CE | 583

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

See the following in regards to civil court divorces: https://askthemufti.us/court-divorce/

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