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Fatwa CenterDivorced his first wife only on paper
Question
I have 2 wives. I am in the military and they punish those who have extra marital marriages. The punishment is 2-6 years in prison. Some of my workers witness me with my second wife and had a concern they brought this to my boss attention. My boss warns me about the punishment in the military. Out of fear, I talk to my first wife to get divorce only on paper but I have no intention of divorcing her. She agrees to it to avoid any danger. The military don't care if you have many girlfriends but not wives. When the divorce paper was final, we were told by friends that my wife and I are divorce. They say that by signing the divorce paper is count as divorce. I have in the past divorce my first wife twice. So if this counts, then this signing was considered three times divorce. I and my first wife are going thru such depression and hardship because of this and we are separated fearing that we are divorce. Our children are in a lot of pain. Please tell me if this count as a divorce. Please give us a clear answer because my wife is convincing that we are divorce since our friends are very knowledgeable and they quoted many Hadeeth and opinion of many great scholars.
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.
Writing the word divorce is one of the metaphors for divorce according to the most preponderant opinion of the scholars
. So divorce does not take place except if the husband intended it. Therefore, if when you wrote the word divorce you did not utter it, or you were not determined to initiate it, then your wife is not divorced by just writing the word divorce or signing divorce papers.
Finally, it should be noted that in Islam it is permissible to marry more than one wife as Allaah Says (which means): {…then marry those that please you of [other] women, two or three or four.}[Quran 4:3]. When Allaah judges, there is none to put back His Judgement.
Allaah Knows best.
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