Does divorce take effect merely by the spouses signing it in court, and what is the value of going to court in such a situation?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
A husband's mere signature on a divorce paper does not constitute a divorce unless he intended it. If a husband has sexual intercourse with his irrevocably divorced wife ( raj'i) during her ' (waiting period), this is considered a valid return (raj'ah), and the wife's consent is not required for it. If the 'iddah ends without a return, the wife becomes irrevocably divorced with a minor separation (baynunah sughra), and he cannot remarry her except with a new contract. It is not permissible to resort to man-made courts except in extreme necessity, and their rulings are invalid. However, a divorce occurs if the husband himself pronounces it.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 112730
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