What is the legal ruling regarding a man who wrote a divorce paper for his wife himself, stating: "I, so-and-so, have divorced so-and-so, daughter of so-and-so, with three repudiations," and signed it, then claimed that he did not intend divorce, and is still married to her and has children with her?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorce takes effect by writing if it is explicit and with the intention of divorce, because writing is equivalent to verbal utterance. As for signing a divorce paper written by someone other than the husband, it refers back to the husband's intention at the time of signing; if he intended divorce, it takes effect, otherwise not, because signing is not explicit in divorce. Some scholars may hold the view that signing alone does not effect a divorce at all.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/10633
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- Ftawy
- Original fatwa ID
- 10633
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- . 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