Search In Fatwa

Wrote divorce under pressure from his wife

Question

salam brothers i wish for knowledgable person to give me guidance as this is a vital matter for my life. i had a heated argument with my wife she got upset and angry and scribbled on a piece of paper I divorce Salma Bibi D/O Nehmat Khan of ?? she then kept insisting out of her anger that i sign this. i kept refusing to sign. We work together and one of my colleagues was sitting there it was end of work day. i am the manager. i felt so awkward and uncomfortable that the argument had got so heated and especially in the office. i didn't want to cause more of a scene & told her to leave it.but she wouldn't leave my room where my colleague tried to calm things down but she kept insisting that i sign the paper i refused number of times.she was there for a while and kept repeating that i sign it.she wouldn't leave until i signed it. I was so irritated i signed it three times and wrote i agree, i agree, i agree, full & final. i wrote no more than this these were my exact words. i spoke or said nothing, except here take it as i wanted her to calm down and not to make matters worse by making me more angry. After i gave her the paper she walked out of my office. i felt really bitter towards her for making me do this as i don't want to give her a divorce and i didn't want to sign but she pushed me into a very awkward position where i did not know how to react. i was angry & confused did she really want to leave me? i followed her outside& shouted talaq talaq then froze i had no intention in my heart to divorce her if i say it third time i will lose her. i dont believe that the signatures are a valid divorce cos i signed them out of pressure from her. i was thinking this is not valid but as my wife is so upset i want to confirm it to give her peace of mind. When i said talaq twice we were both shocked she was very upset and ripped the paper, she didnt realise the seriousness of it. i feel we are still husband & wife as i had said it only twice.

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

According to the view of the majority of the scholars  may  Allaah  have  mercy  upon  them writing the word divorce is one of the metaphors of divorce, and divorce does not take place unless the husband intended it. Signing on a divorce paper is one of the metaphors of divorce; therefore, it does not lead to divorce. For more benefit, please refer to Fatwa 90405.

As regards uttering the word divorce, this makes divorce take place even if the one uttering it did not intend it. Anger does not prevent divorce from taking place since the person is conscious of what he says. If a husband repeats the word of divorce to his wife, like telling her for instance: “You are divorced, you are divorced” [or I divorce you, I divorce you], then this makes two divorces according to the view of many scholars unless he only intended to confirm the first divorce by uttering the second one, as in this case it is only considered as one divorce.

If a husband divorces his wife, and this is not the third divorce, then he may take her back without a new marriage contract as long as she is still in her waiting period. If her waiting period finishes, a new marriage contract must be concluded. For more details on the kinds of divorce, please refer to Fatwa 82541.

Finally, it should be noted that the spouses should try to solve their marital problems without mentioning the words of divorce, in addition to not disclosing these problems to other people without a necessity.

Allaah Knows best.

Related Fatwa