Submitting a petition to the Marriage Court requesting the divorce of the wife is not considered a divorce due to the presence of ambiguity
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Fatwa No. ( 4384 )
Q: I inform you that my son (A.B.F) married a woman named (H.S.J), who is his second wife after the mother of his children. After that, he wrote the attached reply to the Judge of the Marriage Court, and he obtained an appointment from the Marriage Office, and his divorce was announced on 27 Sha'ban 1401 AH, with the appointment in the month of Dhul Qa'dah. When the time for the appointment came, he took his children's mother and his children and traveled with them to Khamis Mushayt , the hometown of his children's maternal uncles. After his return, Allah decreed upon him, and he died as a result of a car accident. We found the appointment paper in his pocket. We contacted the Marriage Office and informed them that he had died, and they gave us the attached reply. They said: Consult the Mufti and ask him: Is the divorce established or not?
For your notification.
A: The default ruling is that there is no divorce, and that his wife remains under his protection and inherits from him. Whoever claims that he divorced his wife must provide proof before the Shari'ah judge. As for the petition he submitted to the honorable Judge of the Marriage Court, which stated: (I submit this petition to your honor and request therein the divorce of my wife (H.S.J)), this is not relied upon for the occurrence of the divorce; because it is not explicit in effecting it, but it is possible that it was a promise of divorce, or a desire to obtain an appointment from the Judge of the Marriage Court to attend and write the divorce. And what is possible does not result in anything; because the default is the continuation of the marriage and the non-occurrence of the divorce. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I inform you that my son (A.B.F) married a woman named (H.S.J), who is his second wife after the mother of his children. After that, he wrote the attached reply to the Judge of the Marriage Court, and he obtained an appointment from the Marriage Office, and his divorce was announced on 27 Sha'ban 1401 AH, with the appointment in the month of Dhul Qa'dah. When the time for the appointment came, he took his children's mother and his children and traveled with them to Khamis Mushayt , the hometown of his children's maternal uncles. After his return, Allah decreed upon him, and he died as a result of a car accident. We found the appointment paper in his pocket. We contacted the Marriage Office and informed them that he had died, and they gave us the attached reply. They said: Consult the Mufti and ask him: Is the divorce established or not?
For your notification.
A: The default ruling is that there is no divorce, and that his wife remains under his protection and inherits from him. Whoever claims that he divorced his wife must provide proof before the Shari'ah judge. As for the petition he submitted to the honorable Judge of the Marriage Court, which stated: (I submit this petition to your honor and request therein the divorce of my wife (H.S.J)), this is not relied upon for the occurrence of the divorce; because it is not explicit in effecting it, but it is possible that it was a promise of divorce, or a desire to obtain an appointment from the Judge of the Marriage Court to attend and write the divorce. And what is possible does not result in anything; because the default is the continuation of the marriage and the non-occurrence of the divorce. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.