if muslim sunni person is married to muslim sunni girl and she forces him to divorce her in english court. he is forced into this matter and made by court to sign divorce documents. The judge grants divorce degree. But he has never given islamic divorce (talak). He still wants his wife . what is the islam says. Are they divorced islamicall or not. If the want to compromise and want to live together (which they both wanted) can they do it what the sharia says.
Answer
(Fatwa: 1852/121=D /1429)
(a) What has been written in the document of divorce? (b) What methods of force were adopted? If the document of divorce carries clear words for divorce and the boy has signed on it after reading or hearing it, then divorce will take place. Likewise, if he has uttered words of divorce, then also divorce will take place. You should clarify what is meant by Islamic divorce. Ask the question again in with detail of (a) and (b).
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband