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Fatwa CenterHis daughter was granted divorce according the Indian law
Question
ASSAlAM. WE GOT THE DIVORCE OF OUR DAUGHTER BY REGISTERING CASE IN THE COURT 468 IPC AND OTHERS THROUGH ADVOCATES AND FILING COMPROMISE . MY SON IN LAW IS SAYING SINCE THAT DATE THAT HE HAS NOT GIVEN THE TALAQ AS PER RASOOLLULLAH SHAREEAT AND GIVEN UNDER COMPULSION AND THIS IS DUE TO OUR PRESSURE. MY DAUGHTER IS HANDICAPED AND DEAF AND DUMP. SHE SIGNED ON THE PERSUANCE OF HER MOTHER. PL GIVE US LIGHT OF SHAREEAT .......IS THIS TALAQ OR NOT SHE IS NOT MARRIED TILL NOW .CAN WE RESTORE HER LIFE WITH THAT HUSBAND OF HER WHO IS NOW WILLING TO CONTINUE.....
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If this divorce was issued by a non-Islamic court, then it does not become Islamically effective just because this court has issued it. Indeed, a decision was issued in this regard by the Assembly of Muslim Jurists in America as clarified in our Fatwa 142895, so please refer to it. In this case, the wife is still married to her husband (i.e. she is not divorced from him).
However, if the husband uttered divorce, or that he wrote it, or signed it, while intending to initiate it, then his divorce takes place. The mere pressure on the husband from the family of the wife does not prevent divorce from taking place unless this reaches the level of compulsion. For more benefit on the compulsion that is Islamically considered, please refer to Fataawa 85014 and 90215.
If we presume that divorce had taken place, then if your daughter is still in her waiting period from her husband, and this is not the third divorce, then it is permissible for him to take her back without a new marriage contract, and if her waiting period had expired, then it is not permissible for him to take her back except with a new marriage contact. For more benefit on the kinds of divorce, please refer to Fatwa 82541.
Allaah Knows best.
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