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Fatwa CenterHer family forced her husband to sign her divorce papers
Question
Aslamoalaikum my nikah was done in the presence of my family at 16 march 2013..but my husband's family were not present..however my husband invited 2 of his friends as gawah from him..my husband give me 10 thousand Rs of haq mehar at the day of nikah..after 15 month of nikah my family knows that my husband's family don't know about this nikah and now they are not ready for(rukhsati)taking me home..then my family call my husband for talk some important matters and when my husband come to meet them they pressurize him to give me divorce..my husband don't want to divorce me and I was also not ready for separation..my family said that if he don't signed on the divorce paper they will go to his town and tell all the people that he is not giving divorce to his wife..so in too much pressure of my family he sign the papers..he sign on 3 divorce at a time..sir after sign on divorce paper he come to meet me,hug me and take holy Qur'an in his hand and said that I didn't divorce you,and you are still my wife and will be my wife and after that we meet many times..sir please tel me that if my husband was mentally not ready and don't want to divorce me than is that divorce take place?? or not??? and is our relation halal??
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
If your husband signed those divorce papers only and did not utter the words of divorce, the divorce does not take effect because writing down the words of divorce is considered an indirect expression (metaphor) of divorce. In this case, the divorce does not take effect unless the husband actually holds the intention to divorce his wife, as explained in Fataawa 118949 and 90056.
In that case, your marriage is still in effect and divorce did not take effect. In case of disputes, please refer the case to an Islamic court.
Allaah Knows best.
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