A False Admission of Talaq

Question

There was constant discord between a husband and wife, to the point that the wife went to stay at her parents’ house and filed a claim against the husband in court for food and maintenance. The husband said: “If the wife lives at my house, I am ready to give food and maintenance.” In short, the case was withdrawn by mutual consent, and the wife came to the husband’s house. Then, after some time, people incited the wife against the husband and pressed forcibly for talaq to be given.

Answer

If the husband admitted talaq merely to put them off, and in reality had not given talaq in court, then religiously (diyanatan) talaq will not take effect. However, if the case reaches court, then according to the rule of the Shari‘a one revocable (raj‘i) talaq will be deemed to have fallen upon his wife. He will retain the right of taking her back (ruju‘)

Source: Fatawa Mahmudiyya

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