His wife pressed him to sign her divorce papers while he was in prison Fatwa No: 131718
- Fatwa Date:28-1-2010
Aslamaluykum!
Before 6 months i was in jail under Financial alligations on me in pakistan, My wife during my custody in jail broguht a legal divorce papper which was written from my side but i didnt niether purchased , nor i have any intentions to prepare such papper.
She came in Jail and ask me to sign on that divorce papper and there was wirrten 3 times that i give divorce to my wife.
I was shocked and under this metal frame i sign that papper according to her will but i was not intented to do this as i still love her and want to live with her.
that papper was not even signed by witness ,niether prison authourities and as per legal value any document wich has to be signed in prison must be verified by prison authourties,
My wife now says that we are divorced but as i didnt have any intentions ,neiether i utter any word so i am convinsing her that we are still wife and husband .
Please advise as i am in very problem and seek your help
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 is His slave and Messenger.
If you just signed the divorce paper and you did not intend divorce by doing so, and you did not utter divorce, then this divorce did not take place; for more benefit, please refer to Fataawa 89894 and 87034 .
Finally, it should be noted that if a wife is harmed by staying with her husband; she has the right to ask for divorce.
Allaah Knows best.