Husband signing a letter of divorce

Category: 

Marriage & Divorce

According to Madhhab: 

Hanafi

Reference: 

1440-565

Question: 

My brother
in law  got a case with his wife.

They lived
in England and having lot of problems amongst them.

One day my
brother in law was arrested because of discussions with his wife. 

They
released him immediately but said if you got any problems in future with your
wife you will be arrested for longer period.

He was a
drug addicted 

After a
while some aunties from both side have put pressure on him to divorce his wife.

He refused.

Then they
threatened him saying you have to divorce your wife and go back to africa
otherwise we will report your case in the police and you will get
arrested. 

They wrote
a letter confirming that he gave the 3 divorces.

He didn't
want to sign it but they forced him.

He said he
signed it but he didn't read what was written in it because he was afraid from
what they said to him.

He also
says that in his heart he did not intend to divorce.

So he came
back to south Africa and now he's wife also came and they are staying together.

They said
they are not divorced because he was forced to sign it without his intention.

I want to know what's the ruling in sharia in
this situation. 


Answer: 

If a husband verbally divorces his wife even though he might be under duress then Talaaq is valid and effective. However, if one is made to forcefully write out the Talaaq (under duress) but he does not utter the words of Talaaq verbally then Talaaq does not take place.

In the queried scenario, he merely signed the Talaaq document (under duress) without uttering the words of Talaaq, hence Talaaq will not be effective.
اکر شوہر کو طلاق دینے پر مجبور کیا جائے اور وہ جبرا طلاق دیدے تب بھی طلاق ہوجاتی ہے ، البتہ اگر طلاق جبرا لکھوا لیجائے اور زبان سے شوہر طلاق نہ دے تو طلاق نہیں ہوگی - -فتاوی محمودیہ ص -- ۱۷۴ ج۱۸

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai 


CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 
Date: 22 Dhul Qa’dah 1440 English Date: 25 July 2019

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