A man divorced his wife, and in court his father told him to say to the judge, "I divorced her six months ago," so that she would not claim maintenance. He said this out of ignorance, and it was not correct. What is the ruling?
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The questioner : I was married to a woman, and due to family circumstances, I divorced her. However, when I went to the Sharia court, my father and two witnesses were with me. My father said to me: "Tell the judge: 'I divorced her six months ago,' so that you are not obligated to pay maintenance for the past period if they demand it from you later." Out of ignorance and lack of knowledge, I carried out what my father told me. Do I bear a sin for that? And is the divorce valid? I inform you that I divorced her with three pronouncements, and a Sharia certificate was issued to that effect. Please advise us, may Allah reward you with good, for I am not mentally at ease regarding what my father advised me to do and what I did.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. There is no doubt that what your father ordered you to do is forbidden, because it involved lying and waiving the woman's right to maintenance during the waiting period. He must repent to Allah and turn back to Him, perhaps that Allah will accept his repentance.
As for the wife's right, you must pay her maintenance for the waiting period from the time her divorce was written. As for your divorce of her and your admission that you divorced her six months ago, if you intended the divorce to take effect immediately, then the divorce takes effect and your statement that it was six months ago is void. If you did not intend it to take effect immediately, you must return to the judge so that he rules in your favor based on your statement, according to what he sees in this matter.
I advise your father and everyone who listens to this program to fear Allah (Mighty and Majestic) and to know that any earnings they acquire or any debt that is paid off on their account due to lying, there is no good for them in it. And they should know that this world is a place of passage and its enjoyment is little, but righteous deeds are more precious and dear. Indeed, one glorification, one declaration of God's greatness, or one praise of God is better than the world and all that is in it. And these rights that are violated due to lying, their owners will take them from their righteous deeds on the Day of Resurrection.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. There is no doubt that what your father ordered you to do is forbidden, because it involved lying and waiving the woman's right to maintenance during the waiting period. He must repent to Allah and turn back to Him, perhaps that Allah will accept his repentance.
As for the wife's right, you must pay her maintenance for the waiting period from the time her divorce was written. As for your divorce of her and your admission that you divorced her six months ago, if you intended the divorce to take effect immediately, then the divorce takes effect and your statement that it was six months ago is void. If you did not intend it to take effect immediately, you must return to the judge so that he rules in your favor based on your statement, according to what he sees in this matter.
I advise your father and everyone who listens to this program to fear Allah (Mighty and Majestic) and to know that any earnings they acquire or any debt that is paid off on their account due to lying, there is no good for them in it. And they should know that this world is a place of passage and its enjoyment is little, but righteous deeds are more precious and dear. Indeed, one glorification, one declaration of God's greatness, or one praise of God is better than the world and all that is in it. And these rights that are violated due to lying, their owners will take them from their righteous deeds on the Day of Resurrection.