Will signing divorce papers constitute a divorce in Shari’ah?

Answered according to Hanafi Fiqh by Askimam.org

Assalam o Alaikum

Ads by Muslim Ad Network

I had married my colleague without engaging our families and had husband wife relationship afterwards. we were traveling to Lahore but when she informed her sister back home, her sister insisted requested her to come back and promised that they will amicably send her with me. However subsequently my wife was confined to her house, threatened, beaten and not allowed to resume her very good job. for quite some time we could not even talk but somehow managed to talk. due to her family pressure and threats she asked to divorce her but I kept refusing. meanwhile my family including my first wife her family all kept on emotionally putting pressure on me to sign the divorce paper. under the circumstances whereby my second wife would have lost her job and confined to a room and exposed to beating, I signed the divorce paper in the presence of my sister’s husband, my second wife’s brother, lawyer and another person. till date I haven’t uttered even a single word to divorce her. it is further clarified that my 2nd wife’s brother was one of the major threat to my second wife. further while signing the paper my wife wasn’t present.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We take note of your predicament. We ask Allah Ta’ala to ease the situation. However, we do not observe a query in your submission.[1] What is your question? You may email [email protected].

And Allah Ta’āla Knows Best

Abdullah ibn Mohammed Aijaz

Student Darul Iftaa
Baltimore, USA

Checked and Approved by,
Mufti Ebrahim Desai.


[1] If the intent is to enquire whether signing divorce papers (civil divorce) constitutes a Shar’i divorce, refer to the following link:

http://www.askimam.org/public/question_detail/32419

http://askimam.org/public/question_detail/31564

Sidebar