Monday | 30 November 2020 | 15 Rabiul-Thani 1442

Fatwa Answer

Question ID: 1033 Category: Dealings and Transactions
Did the Divorce Take Place?

Assalam o alaikum

Five months ago, I received a legal divorce letter after one year of separation ,in which it is mentioned "i am pronouncing divorce to my wife" three times. As soon as i received the letter, i observed iddah for three months. After completing my iddah , my husband contacted me and said that i didn't sign those divorce papers that you've received. As he lives abroad so he asked his father to make the divorce papers and he was thinking that when his father will give him those papers for signature, he will then decide to sign them or not. But his father did the fake signature of my husband on the papers on behalf of him and sent directly to me and told him later that he has already sent the divorce letter to his wife. Now i am confused whether is he telling the truth or not,and if this is true what he is telling then in this case, our divorce happened or not? Please guide me in detail as i dont know if i should trust his words or not and also he is asking me to come back because he thinks that his parents did forgery and he is guilty now. Please give me fatwa on this regard, i am in serious trouble. Desperately waiting for your answer.
May Allah bless you. Jazak Allah.

الجواب وباللہ التوفیق

As per the situation described in your question, if this is really the case that:

  • Your husband had asked your father in law to prepare the documentation for divorce
  • Your husband planned on reviewing these documents and after reading them he was planning on signing them
  • But the father in law prepared those documents and without showing them to your husband or without his review or taking his signature, signed it by himself
  • Then he sent those documents to you, when your husband had no say in it

Then in that situation the divorce has not taken place, you are still in his Nikah, if he is demanding you to come back, you can go back to him. This ruling is in the case when the husband is in fact truthful. 

Since there is a possibility of lying involved, the husband should be reminded that Allah Subhanahu Wa Ta'ala is the one who sees and knows our actions and it is against the teachings of Islam to lie and there are grave warnings for liars in Islam, he should be asked to give a statement under oath. Subsequently, the husband's statement will be accepted. It will be preferable if a local 'alim or darul-ifta is requested to help with this resolution of this issue.

For now, you will be considered in his Nikah and it will be permissible for you to join him if he demands you to come back to him. The divorce has not taken effect.

واللہ اعلم بالصواب

Question ID: 1033 Category: Dealings and Transactions