Marriage was done in India. Couple settled abroad. On some issue wife became angry and went to family court for divorce. Family court sent papers written in a foreign language and asked the husband to be present in the court that was optional not compulsory. The husband could not read the text written in foreign language and misunderstood that his appearance in court is compulsory and attended court procedure. The procedure was held in foreign language there was no translator. The husband applied for settlement that divorce is not necessary as husband is ready to fulfill and attend the complaint of wife. Court hearing started husband did not know if the hearing is for settlement or divorce. After the court finished the hearing the husband returned home. After one week the court sent the result of hearing that divorce has taken place. The divorce papers were also in a language that husband could not read. Is this divorce acceptable in Islam where husband did not know what had happened?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 847/662/H=1434)

If only the request of settlement was submitted by the husband and he did not give any kind of written or verbal talaq nor he signed any written matter of talaq understanding it then merely by going in the court or submitting the request of settlement no talaq took place. If the wife or her guardians have a different statement in this regard, then you should record their statement and submit your query again.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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