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The question

Does a divorce that was mutually agreed upon and signed before a judge in court take effect, despite the husband's aversion to it and his not uttering the words of divorce? Is this divorce considered a divorce under duress? And if the wife is taken back, is that done with a new contract and a new dowry?

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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 divorce of his wife under her insistence, while he dislikes it, is considered valid unless he was genuinely coerced, such as by a threat of death. As for signing a divorce paper without uttering the divorce or writing it with the intention of divorce, it does not result in divorce merely by itself, as it is not considered among the explicit or allusive forms of divorce, nor is it considered valid writing. So, if the husband did not utter the divorce and did not write it, his wife remains under his marital bond and does not need a new contract. However, if the divorce is registered in court, one must refer back to the court to ascertain the details and its ruling on the matter.

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Where this answer came from
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Ftawy
Original fatwa ID
158544
Imported
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Source text, unreviewed
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