Legal divorce after talaaq

· 23 Shawwal 1440 AH1 min readEnglish

Question

1. If a husband, with an intention to divorce his wife, says to his wife that "I divorce you" and after that they did not have any sort of communication or any physical relationship upto three months, will it be considered as a legal divorce or the husband is again required to divorce her ?

2. Also, please tell me whether it is necessary to give a written talaqnama to the wife and if yes, who all should sign the talaqnama and is it necessary that the wife should also sign the talaqnama?

Answer

1. If from the time of divorce 3 monthly courses have ended and there was no contact then she is out of the nikaah. He is no more halaal for her.

2. No, it is not necessary.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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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