Legal divorce after talaaq
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)
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/29614
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-29614
People also ask
Is a civil (court) divorce a valid talaaq?
“1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.”
Ibn Masood · 70 fatawa from 6 Darul Iftas on this
What the Darul Iftas say