Wife Types A Letter Of Divorce In Presence Of The Husband Who Signs It Thereafter
Question
Wife typed out a letter of divorce and both husband and wife signed this in front of each other. Are the talaaqs effective?
Answer
If the wife typed out the 3 Talaaqs in the presence of the husband and both parties then (in each other’s presence) signed the document (without the husband verbally reading out the written document or/and articulating any Talaaq) such a written Talaaq will not be valid.
However, if the husband instructed the wife to type out the said divorce document (and she did so upon his instruction), the Talaaqs will be valid and effective.
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/wife-types-a-letter-of-divorce-in-presence-of-the-husband-who-signs-it-thereafter/13080/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-13080
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