His wife claims he wrote divorce twice
31-3-2008 | IslamWeb
Question:
I am married with 3 children and was planning to divorce my wife on paper only so that I can marry someone overseas to bring them to the United States. I brought the divorce paper to my wife for her to sign but I did not sign it. Later on, I change my mind to marry again and my wife thru away the divorce papers. 3 years later, during an argument, my wife said that I divorce her on paper but I told her that I did not sign the paper. She said it's true the first time but there is another incident (second time) that I brought the paper signed. I tried to recall the incident and still don't remember. I ask her if she has proved but she didn't. I told her that I have never signed the paper. She thinks that we are divorce because of this paper signed even though she said that I have no intention of divorcing her only to marry someone overseas. I did not even know that signing a paper with no intention consider divorce. In the pass, we had a lot of problem so I divorce her twice by saying "I want divorce". As years pass our situation gotten better and I decided not to marry again. My question is we divorce or not. Even till now I tried very hard to remember what she is talking about but I cannot recall that I sign the divorce paper. Please help to clarify who has more right to the claim.
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Divorce does not take place if the one who writes it did not intend to initiate divorce, as the majority of the scholars
are of the view that writing the word divorce is one of the metaphors for divorce. So if what had happened at the first and second time when the wife claimed you divorced her was just writing the word divorce, then they are not considered as divorces. The majority of the scholars are of the view that if the wife claims divorce while the husband denies it, then it is the statement of the husband that is taken into account, as it is him who can initiate a divorce, so divorce has not taken place. This is their ruling even when the wife claims that her husband has divorced her by uttering the word divorce but the husband denied it. So how can this be considered a divorce when your wife only claimed that you wrote the word divorce and signed divorce papers, while she knew that you were not determined to divorce her by writing the word divorce. Therefore, she is still your wife.
As regards your saying to your wife 'I want divorce', then we did not understand what you meant by it, anyway, this expression is not considered by itself a divorce. Divorce takes place only according to the scholars who are of the view that any expression by which the husband intends divorce.
Finally, we think it is more appropriate to take the matter to a Shaysh in your country or to an Islamic centre.
Allaah Knows best.