• Social Matters >> Talaq (Divorce)

    Question ID: 38944Country: Pakistan

    Title: I have read your fatwa no 2699 in which you explain that the written divorce is only valid if wife is not in front of you

    Question: I have read your fatwa no 2699 in which you explain that the written divorce is only valid if wife is not in front of you. I have same kind of problem some years ago. There is a big fight between me and my wife even we are beating each other after immediately I took a piece of paper and written the word divorce two times with her name in front of my wife she did not see it but I did not speak from my mouth when I am going to write for third time I got stopped and go out from the room and tore the piece of paper and throw away. Now in this situation whether it is counted as divorce or not because my wife was in front of me. I only write but not repeat from my mouth. Please guide me according to Shariah.

    Answer ID: 38944

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 1285/B-236/TB=1433) The main thing is that when wife is present in front of him then he may give her talaq verbally. Writing is in place of verbal talaq. As long as it is possible to follow the main thing (verbal talaq) it shall not be taken into consideration to opt for it’s alternative. Hence in case the wife is present in front of the husband and yet he writes talaq, then it shall not be valid and neither it is needed. Such a talaq shall not take place until he does not pronounce it verbally. So, in the question mentioned above no talaq shall take place. وفي البحر أن المراد الاكراه على التلفظ بالطلاق فلو أكره على أن يكتب طلاق امرأته فكتب لا تطلق. ان الكتابة اقيمت مقام العبارة باعتبار الحاجة ولا حاجة هنا كذا فى الخانية . شامي مجتبائي (ص 421/ ج:2)

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India