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The question

ما حكم الزوج الذي يوقّع وثيقة الطلاق دون علمه بمحتواها، وهل تعتبر زوجته مطلقة رغم رفضه للطلاق؟

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

Divorce is either explicit, requiring no intention, or implicit (kinayah), which does. Writing a divorce or signing a divorce document falls under kinayah according to the majority of scholars, and thus divorce does not occur by it unless there is an intention. If the husband signs a divorce document and does not intend divorce, even if he knows that what he signed is a divorce document, then it does not constitute a divorce. However, if he does not know that what he signed is a divorce document, then it is neither an explicit divorce nor an implicit one, because a condition for divorce is the intention behind its wording and its meaning.

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Ftawy
Original fatwa ID
75192
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