Title

Due to frequent querrels between his wife and his mother - his mother and other house-holds prepared the divorce papers without any information of my friend...

Question

One of my friends, who has a baby of one year old has the following matter to be resooved.

Due to frequent querrels between his wife and his mother - his mother and other house-holds prepared the divorce papers without any information of my friend and also compelled him to sign the papers.  However, he had no intention to divorce his wife at all; but, due to lot of moral pressure he signed.  Moreover, he never delivered "Talaq Words".  Morevoer, he had never any intention even by sigining papers (as per his statement with swear to Allah).

After ten days of signing papers, he contacted his in-laws and requested them to send his wife because he had not given divorce.   As a result, his in-laws agreed and sent his wife.   Accordingly, they have been living as Husband-Wife for the last four months.

However, his parents are not agreed with his stand at all and asked him to bring fatwa in this regard.  

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

At the outset, there are two possible circumstances in which talaq bil-kitabah (divorce in writing) can occur:

1) With ikraah

2) Without ikraah

Ikraah in this case means that if one was forced to sign the divorce papers or write talaq to his wife due to fear of death or grievous bodily harm.

If the divorce papers were signed due to ikraah and the husband did not have the intention to divorce the wife, then the marriage will still be valid and intact as long as the words of talaq were not said verbally.

If there was no fear of death or grievous bodily harm, then there are two possible situations here as well:

a) If the papers were signed in the absence of the wife

b) If the papers were signed in the presence of the wife

In both cases, if one who is sane and mature was compelled to sign the divorce papers or write talaq to his wife with or without having the intention to divorce her and there is no fear of death or any grievous bodily harm, then the divorce will be valid and the marriage nullified. The man and woman should separate immediately if this was the case.

( ويقع طلاق كل زوج بالغ عاقل ) ولو تقديرا بدائع ، ليدخل السكران ( ولو عبدا أو مكرها ) فإن طلاقه صحيح لا إقراره بالطلاق

(Darrul Mukhtar, 1/235, HM Saeed)

وإن كانت مرسومة يقع الطلاق نوى أو لم ينو

(Fatawa Al-Hindiyya, 1/414, Ilmiyya)

فصل فيمن يقع طلاقه وفيمن لا يقع طلاقه) يقع طلاق كل زوج إذا كان بالغا عاقلا سواء كان حرا أو عبدا طائعا أو مكرها كذا في الجوهرة النيرة

(Fatawa Al-Hindiyya, 1/387, Ilmiyya)

And Allah knows best

Wassalam

Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa