Fatwa ID: 04374

Answered by: Mufti Mohammed Tosir Miah

Question:

If someone is to divorce his wife only by paper (not according to Islam ) just for immigration purposes, is their marriage still ok?

They don’t want to divorce (talaq) but they have to sign the paper to show they are not married legally or according to paper.

Someone has this issue and they are worried about not breaking their marriage by signing the divorce paper.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

In Islam, a verbal declaration of divorce is not necessary in determining the validity of a divorce.

Imam Kasani (RA) has said:

“Similarly issuing a divorce verbally is not a condition. Hence divorce will be effected with clear and unambiguous writing.” (Badai-al-Sanai P.100 v.3)

Regarding your question, when the husband signs the divorce certificate the divorce will come to an effect, even, if it was done for immigration reasons. (Raddul Muhtar p.456 v.4)

The Prophet (peace be upon him) said: ’’There are three things which, whether undertaken seriously or in jest, are treated as serious; marriage, divorce and taking back a wife.’’ (Sunan Tirmidhi and Sunan Abu Dawud)

It will be advisable for the husband not to sign the certificate. If he did the marriage will come to an end. They can get back together but will have to do the Nikah again with two witnesses and with a new agreed-upon dowry.

Only Allah knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham