What is the ruling on a husband who signs a divorce document without knowing its contents, and is his wife considered divorced even though he rejects the divorce?
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 75192
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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