Mufti Online — Madrasah Ta'leemuddeen

Written Talaaq

· 17 Rabiʻ I 1434 AH1 min readEnglish

Question

My aunt got divorced on paper. But her husband says he did not intentionally give divorce to her. He divorced her under pressure of his second wife. He says he was not thinking clearly while signing papers. He also said he did say the words by mouth. Did the divorce take place or not?

Answer

If the husband wrote out the talaaq in the absence of the wife, the talaaq will be valid.

And Allah Ta'ala knows best.

References (Arabic / Urdu sources)

الكتابة ممن نآي كالخطاب ممن دني (قواعد فقه ص 100 و شرح سير الكبير )

والمجوز في حق الغائب العجز (هداية ج4 ص705 )

و الكتابة ممن نآي كالخطاب ممن دني (هداية ج4 ص 705 )

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/1834
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-1834

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