[Q-ID0837] If someone deceptively arranged for divorce papers and passed them to my wife, will divorce have occurred?

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QUESTION:

What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: I have not given my wife divorce verbally nor in written format, but rather my father left the divorce documents for my wife at my house and he says later on that I had these made and brought them to your house – would my wife become divorced from this action?

Questioner: Rizwan from UK

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

No! When you yourself have neither divorced her verbally, nor in a written format, nor had the documents made yourself, nor have you signed, so how can your wife be divorced, as the right to divorce has been given to the husband – not the father of the husband – just as it is stated in the Holy Qur’ān,

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{بِیَدِہٖ عُقْدَۃُ النِّکَاحِؕ}

{he in whose hand is the marriage tie [i.e. the husband]}

[al-Baqarah: 237]

It is proven & established from this that only the husband has the right to divorce his wife [by default], whereas the father of the husband does not have the choice nor right to forge his son’s signature on the divorce documents and send them to his son’s wife – if he has done as so, then his wife’s son will still not be divorced.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali Madani

Read the original Urdu answer here: [Q-ID0837] If someone deceptively arranged for divorce papers and passed them to my wife, will divorce have occurred?

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Source: Seekers Path

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