As-Salam O Alaikum,
I hope this message finds you well.
Question
As per my knowledge As per sharia we are only separated. Legal (through court
in TX not Sharia court) divorce papers were sent to the husband and were
signed through force and coercion.
Husband did not want to grant khula. No mahr was exchanged and no gifts were
given back from the wife’s side. There were no witnesses. There was no
agreement nor any consent from the husband’s side.
Husband is adamant that he did not want to sign and was not in agreement for
any of the situation even though on the legal(US) divorce degree it says that
it is signed with consent, but that is untrue. It was signed under pressure.
No words of talaq or khula were uttered and no mufti, imam, or any Islamic
scholar was involved. This was solely done through the US legal system.
Is the khula valid or is the nikkah still valid?
Jazakallahu Khairan
Answer
In the name of Allah the most gracious and the most Merciful,
Wa alaikum Salam wa rahmatullahi wa barakatuhu,
The Fuqahaa (Jurists) have made a difference between a verbal and written Talaaq that is given under duress. A verbal divorce issued under duress is valid and effective as understood from the following text:
ويقع طلاق كل زوج اذا كان بالغا عاقلا سواء كان حرا او عبد طائعا او مكرها (الجوهرة النيرة)
As far as a written Talaaq is concerned, if it was written under duress, it will not be valid.
In conclusion, since your husband signed those divorce papers under pressure and he did not want to give Talaq, you will not be considered divorced and are still husband and wife, per the Islamic law.
And Allah knows Best,
Mufti Umer Farooq Saleem