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Signing a divorce paper for visa purposes

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question to you is my husband has made a fake divorced paper for UK visa residency purpose. This paper is signed by him and is registered in our country. But this paper has never been given to me but my husband has informed me about this stupid act of his. On asking my husband says plainly his intention is never to give me talaq and this document is to be used only for visa purposes. I want to know am I divorced this way? If I am divorced this way do we have to do nikaah again? Please guide me properly.

Bismillaah

A: If he has issued a divorce with clear wordings of divorce then talaaq takes place irrespective of his intention.

If they are clear words of divorce then one divorce has taken place and you can reconcile without the renewal of nikaah.

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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