Doubtful divorce

07 May 2019 Ref-No#: 1645

It’s a very different problem. It is in regards to hanafi fiqh (both girl ayesha and a boy hassan are hanafi). They were in a secret nikkah. So time passed and a proposal of ayesha came to her family which is of a very islamic and pious family. This was the time when ayesha started realizing that the guy she is with has a very different background and she wasn’t feeling anything for this guy plus he wasn’t earning a penny. She didn’t want to be with him. Hassan did drugs ocassionaly, his brother was into prostitutes and all. Ayesha knew few things before marriage but didn’t realize she’s falling in a trap of haram things. So she wanted to get out of it because she was badly stuck in everything and she couldn’t tell these reasons straight to hassan because he might would have told about the nikkah to someone from ayesha’s family. Now ayesha asked for divorce, hassan forced her to talk to her family. Ayesha unwantedly talked to her sister, sister said no his family is involved in many bad habits. Hassan said talk to ur mom, she didn’t talk to her mom and lied to hassan that I did talk to my mom as well and she said no because ayesha knew her mom would never accept this proposal. She was sooo afraid. So few arguments happened and then ayesha said we have had so many fights now we won’t be happy anyway.. finally after many discussions hassan gave divorce to her.. it was given on 3 different months saying I divorce you.
So my ques is
1) Does it count as divorce because I did lie about one thing?
2) Is the divorce valid? As many ulama has different opinion.

Then ayesha got married somewhere else after a year and now someone said to her this divorce is doubtful so get fatwas. Ayesha contacted hassan and told about the lie. Hassan replied I knew u were lying and all. He said I gave divorce because u asked for it and u weren’t happy with me so I couldn’t forcefully keep u with me. And then he turned off the number

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

The divorces are valid, even though Ayesha lied. Whilst she will be sinful for speaking a lie, and she should repent for that, all the divorces took place.

The second marriage is still intact.

It is best to always only ask one Mufti who you trust, because if you get different answers, it will lead to more confusion.