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I Wrote Divorce on Behalf of My Husband

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Siddiqa al-Farsiyyah

Question:

I and my husband got into an argument and he signed a paper in anger and said write whatever on it, then he came back looking for the paper, but I hid it and I wrote on his behalf that he divorces me and hid it I haven’t shown him the paper yet, and he doesn’t know I have written it. Does this mean we are divorced?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

The rukn (main integral) of divorce is that the husband must use specific terms of the divorce to say or write divorce to his wife, whether the term is Sarīh (explicit) or kināyah (allusive). [1] Since he was not the one who wrote the divorce, and he doesn’t even know about it, you are not divorced. [1] Raddul Muhtār 3/230, Dārul Fikr Beirūt

Only Allah knows best

Written by Alimah Siddiqa al-Farsiyyah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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