A False Admission of Talaq in Court to Protect Property

Question

Zayd, in order to save his property from the legal grip of the government, makes a gift (hiba) of it to his son’s wife. But by Zayd doing so his property is not protected from the grasp of the law, since the one to whom the property was gifted is legally part of the son’s family. Therefore it became necessary for Zayd first to prove the separation of the son and his wife, and the separation, moreover, must be presented to the court in writing in a legal manner; then his property can be protected.

Answer

If the son first makes people witnesses that “I will put a false signature on the divorce deed, or will falsely admit talaq in court; in reality I have neither given talaq nor intend to give talaq,” then talaq will not take effect by this false admission or false signature of his: [ar]لو أراد به الخبر من الماضي كذبًا لا يقع ديانةً، وإن أشهد قبل ذلك لا يقع قضاءً[/ar] “If by it…

Source: Fatawa Mahmudiyya

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