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Is the divorce my husband signed under duress legally binding according to Islam?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I was in nikkah with my husband but rukhsati had not taken place.My husband lives in karachi and my father never liked him so he and his friends forced my husband and threatened him to sign the divorce papers which he did though he did not have intentions to divorce me neither he said the divorce words three times as i was not present there.I was not even allowed to contact my husband.My father said he is not a man of good character so i must seek divorce.My husband was threatened for the lives of his family and was told i donot want to be with him.Now we both are very upset.We both donot know whether this divorce is legal according to islam or not?What about my idaah period?Please help us.May Allah pak bless you all.

Answer

(Fatwa: 875/875/M=1432)

If your husband did not give you verbal talaq and he was forced to sign the talaq paper, so the talaq will not take place and when there is no talaq, no iddah shall be wajib on you. However, if the talaq is proved in any way, then also there is no iddah as they have not met in privacy after nikah.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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