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Lawyer preparing divorce papers

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have signed on a piece of blank paper and gave this paper to my legal advocate as he required this paper for some legal actions against my wife as she was filling some false cases in the court. When I was out of town my advocate prepared a divorce deed on the blank paper signed by me to counter the false cases initiated by my wife against me. This divorce letter was sent to my wife a month ago and now my wife wants to settle the issues between us and wants to return to me as my wife. Please advice if this divorce can be revocable or not? Pleaase note that I never had any intention of divorcing her. Also I never said verbal talaaq word in front of her. Please I need your advice urgently as already one month and 15 days have passed from the date that letter was sent to my wife who is residing with her parents in a different city.

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A: If you had authorised the lawyer to prepare the divorce papers on your behalf then the divorce is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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