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Question on Divorce (Fatwa required)

Answered according to Hanafi Fiqh by Muftisays.com
Asalam o Alikum,

Dear All,

If a girl sign on divorce papers without her consent under the pressure of her parents ( her life fear), whether it would be effected. Point to be noted is that the girl consider those papers just as a piece of paper and nothing more and contesting the case in court. But what is the reality of this islamically. Also the girl was given right to divorce husband in Nikhanama. Now the lawyer claiming that islamically that divorce is effective whether the girl accepted it or not but she signed it thats it.

Would appreciate if some one can provide some supportive document also that can be used i.e Fatwa, law etc.

Many Thanks,

Answer
Wa Alaikum Salam,

Any divorce written through force against the will of the person where the words of divorce were not uttered will not break the marriage.
(Shami)

And Allah knows best.

————————————–
Mufti Saifur Rahman Sahib
London, UK

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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