A Fictitious Divorce Deed

Question

Question: Hinda’s nikah with Zayd was contracted some time ago, and she has three daughters from him. However, Hinda’s first husband, Bakr, had not given Hinda talaq; because of disputes and because Bakr lived separately, she lived apart. In this situation some relatives of Hinda and Zayd drew up a fictitious divorce deed in Bakr’s name and had her married to Zayd. Can this nikah be valid?

Answer

Drawing up a fictitious (false) divorce deed is a sin that everyone knows to be such. These people remained silent at the time of the second nikah — indeed, they assisted in it; now their excuse of ignorance is by no means acceptable.

Source: Fatawa Mahmudiyya

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