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Nayab
05-17-2011, 12:46 PM
:sl: this is urgent everyone.
A husband who is out of country for earning but decides to marry there. In doing so he signs divorce for his first wife. however his wife is not told that her husband have divorced her. for 2 years they are together. the husband comes back and Lives with his first wife.
after almost two years his first wife knows that he have signed the pprs, is she divorced?
the husband have not uttered the words to the wife.. and she was also not told at the time divorce was being given.

JazakAllah...
May Allah SWT bless us all. Ameen.
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Hamza Asadullah
05-17-2011, 11:33 PM
Originally Posted by Nayab
:sl: this is urgent everyone.
A husband who is out of country for earning but decides to marry there. In doing so he signs divorce for his first wife. however his wife is not told that her husband have divorced her. for 2 years they are together. the husband comes back and Lives with his first wife.
after almost two years his first wife knows that he have signed the pprs, is she divorced?
the husband have not uttered the words to the wife.. and she was also not told at the time divorce was being given.

JazakAllah...
May Allah SWT bless us all. Ameen.
Asalaamu Alaikum, According to a fatwa from islamweb:

If it is confirmed that this man signed divorce papers, it is the same as writing the word divorce itself. By writing the word divorce, divorce takes place if the husband intended it. So if this man had signed divorce papers while intending divorce, then divorce has taken place.

The rest of the fatwa is here:

http://www.islamweb.net/emainpage/in...cles&id=143189


But my sister this is a truly complicated matter which a lot of it depends on the wording of the divorce papers. You should try and get hold of the papers and take them to an experienced and learned scholar. If you need help locating one then please let me know.

And Allah knows best in all matters
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جوري
05-17-2011, 11:50 PM
Originally Posted by Hamza81
If it is confirmed that this man signed divorce papers, it is the same as writing the word divorce itself. By writing the word divorce, divorce takes place if the husband intended it. So if this man had signed divorce papers while intending divorce, then divorce has taken place. The rest of the fatwa is here: http://www.islamweb.net/emainpage/in...cles&id=143189

that is interesting.. is this applicable for both Islamic and civil marriages? for instance if he divorced her non-Islamically by signing state papers does that mean he's also divorced Islamically?..

OP.. sobhan Allah that is terrible :(
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Salahudeen
05-17-2011, 11:56 PM
Originally Posted by τhε ṿαlε'ṡ lïlÿ


that is interesting.. is this applicable for both Islamic and civil marriages? for instance if he divorced her non-Islamically by signing state papers does that mean he's also divorced Islamically?..

OP.. sobhan Allah that is terrible :(
I dont really know, this is just a guess, some 1 else will confirm inshaAllah, but I think if he signs any paper with the intention of divorce in his heart then it counts regardless if it's state papers or not.
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Hamza Asadullah
05-18-2011, 12:15 AM
Originally Posted by τhε ṿαlε'ṡ lïlÿ


that is interesting.. is this applicable for both Islamic and civil marriages? for instance if he divorced her non-Islamically by signing state papers does that mean he's also divorced Islamically?..

OP.. sobhan Allah that is terrible :(
:sl:

I think this is a matter that should only be dealt with by an experienced and learned scholar as the divorce also depends on the wording of the signed papers etc. Therefore the sister should get hold of the papers and show them to a scholar and take things from there as this issue is more complicated than it looks.

:wa:
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جوري
05-18-2011, 12:24 AM
Jazaka Allah khyran..
may Allah swt make all our affairs easy for us..

:w:
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Nayab
05-18-2011, 07:05 AM
:sl:

JazakAllah everyone.


"Nonetheless, if he signed these divorce papers without having any intention for divorce, then divorce did not take place...."
The man tried to deceive the other women by just showing her some sort of illegal papers that he had divorced her.




If you need help locating one then please let me know.
JazakAllah brother, If you could get me through to someone.

Please pray that Allah SWT give my sister peace and comfort. she is in great distress.
And also pray that Allah SWT guides that man as well.
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Nayab
05-18-2011, 07:10 AM
One of the Mufti's consulted said "all depends on the intention of the man, doesnt depends on signature"
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Hamza Asadullah
05-18-2011, 10:28 AM
Yes that is right sister it does depend on the intention. What location would you like me to try and find a scholar for you?
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Nayab
05-18-2011, 01:55 PM
Pakistan, if possible lahore.
If its easy for you .

JazakAllah.
:wa:
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