Is Denial of being Married Considered a Divorce?

If a husband was asked as to whether he is married or otherwise, and he denies being married for some reason, such as not wanting to publicise his marriage, etc, then this will not be considered a legal divorce.

Imam al-Haskafi (Allah have mercy on him) states:

“…or the husband was asked: “Do you have a wife?” and he said: “no” In such a case, she (m: his wife) will not be divorced, according to all, even if the husband had an intention of divorce, for the reason that an oath and a question both indicate the intention of (false) denial.”

Allama Ibn Abidin (Allah have mercy on him) explains the above text of al-Haskafi by stating in his super commentary (hashiya):

“(al-Haskafi’s statement: “she will not be divorced, according to all, even if the husband had an intention of divorce”) similar is the ruling when he says: “I did not marry you” or “there was no marriage between us”…The principle is that denying being married altogether is not considered to be divorce, rather it is denial (juhud).” (See: Radd al-Muhtar ala al-Durr al-Mukhtar, 3/283, just before bab talaq ghayr al-madkhul biha)

What Imam Ibn Abidin (Allah have mercy on him) is trying to say in the above text and that which follows it, is that if the husband denies being married, then this will only be considered to be lying and falsely denying the marriage. However, it can not be considered a divorce.

The reason being is that, divorce is only valid when pronounced in a constructive sentence (insha) and not in a sentence that is informing something (khabr). Thus, the answer to someone’s question can not be regarded as Insha’ rather it will be a Khabr, meaning giving news of a past event, which in this case is falsely denying to be married.

The same ruling has also been recorded in al-Fatawa al-Hindiyya:

“If he (m: the husband) said: “I did not marry you” and intended divorce, divorce will not be effected by consensus, as stated in al-Bada’i. And if he said: “I don’t have a wife” divorce will not be effected even if he had the intention.” (al-Fatawa al-Hindiyya, 1/375)

However, one should not forget that lying and denying being married, although not being classed as a divorce, will still be unlawful and sinful. Lying is one of the major sins and will not be permissible except in certain critical and life threatening situations. As such, one must avoid lying clearly when asked about being married.

And Allah knows best