IslamQA

Husband didn’t sign on divorce.

Answered according to Hanafi Fiqh by Fatwaa.com

I received a divorce letter four months ago in which my husband’s
sign are mentioned and completed my iddah as well. Now my husband is saying that he did not sign that
Divorce paper, as he lives abroad so he asked his father to process the divorce and his
father prepared that divorce letter by doing my husband’s fake sign on that and sent that divorce letter
to me. Now he is asking me to come back and he is telling me that our divorce did not take place because i did not sign on that myself . Can you please
guide me if my divorce happened or not?? Thank you.

Answer

Wa’alaykum as Salam wa rahmatullahi wabarakatuhu,

By asking his dad to arrange the divorce documents, your husband made his father his representative. If he instructed his dad to serve the papers on you, then it is effectively as if your husband gave them to you himself. Hence the divorce will take place.

It makes no difference that his signature are not on those documents. The actions of your husband’s dad which were done with your husband’s instructions will all be attributed to your husband.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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