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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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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Where this answer came from
Source platform
Ftawy
Original fatwa ID
112730
Imported
Translation status
Source text, unreviewed
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