Divorce taking place by signing divorce documents

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am a second wife of my hysband. He married my 4.5 yrs ago without telling his family and his first wife about this marriage. Before marrying me he told me that since his first wife doesnt know about it, he wont be able to stay with me as much as he should. I agreed upon this bcoz I knew he loved me. So whenever convenient, he will come over to stay with me. In all these 4.5 yrs he hardly spent 12 nights with me. Due to this I started getting angry with him very often. In the mean time, I had no clue that his first wife now knows that we are married. So I started asking him to reveal the matter to his family. he asked me for 1.5 month time period to prepare the grounds for revealing this marriage. After he revealed it, he started saying to me that his first wife was pressuruzing him to select only one wife. He has 3 kids from her and 1 baby (8month) from me. His parents are not alive but all the other members of his family are his first wife’s supporters. He also started telling them that we have lots of issuesa and we are unable to continue with this marriage whereas according to me, our only issue is that he does not give me time. After revealing our marriage, he also started saying that I cant give equality. I didnt involve my family into the matter bcoz I thought that he is doing all this in my favor, bcoz he always used dual meaning statements due to which I could never judge that he wants to get rid of me. Then one night he texted me that I wanna divorce u, and after 5 days, he sent me divorce papers. Since I was out, I couldnt receive them. He also kept telling me that I should not open the envelope as I am sending this just to prove to my wife and family that I have left you. I didnt want this divorce. Whats my status and is my husband justified in this? Is his first wife also justified in asking him to select 1?

Bismillaah

A: If he wrote in the divorce documents that he has divorced you, the divorce is valid even though you did not yet open the envelope.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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