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Sham Divorce


The first view considers such divorce effective. This is the view of most contemporary scholars. They say that such a sham divorce is real and counts against the divorcing husband. The Assembly of Muslim Jurists of America endorsed this view in the final statement concluding its second convention held in Copenhagen in 2004. The statement said: ‘A sham divorce counts against the person resorting to it, since he has spoken the words or appointed someone else to do it on his behalf, whether he intends it or not. Writing is the most important means of documentation in our modern world. As far as religion is concerned, such a divorce is disregarded unless it is intended. This is the weightier scholarly view.