Talaq established by false witnesses

Question

Question: If a woman’s husband has not given her talaq, and the woman falsely files a claim in court that talaq has occurred, presents false witnesses in testimony, and the court rules on that basis that talaq has taken effect, while in reality no talaq has occurred — will this woman’s second nikah after the court’s ruling be valid according to the Shari‘a and before Allah or not?

Answer

The madhhab of Imam Abu Hanifa ﵀ is precisely that a judicial ruling (qada’) takes effect both outwardly and inwardly (zahiran wa batinan). This entails that in the case asked about the second nikah after the ‘idda is valid according to the Shari‘a, and the conjugal rights are not to be declared haram.

Source: Fatawa Mahmudiyya

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