Is a divorce considered effective merely by signing a mutual divorce agreement to obtain a document from the court for the purpose of issuing a passport, given that the husband did not utter the divorce verbally, and is this considered a valid divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Writing a divorce by way of a metaphor (kinayah) does not effect a divorce if the husband did not intend it, because writing consists of understandable letters from which divorce can be understood. So, if he produces it and intends it, it takes effect like spoken words. Therefore, no divorce is necessitated by writing a divorce document as a formality to facilitate obtaining a passport, unless there was an intention for divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 115794
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy