Divorce by signing

Fatwa ID: 02891

Answered by:  Moulana Imran Mughal

Question:

Assalamu Alaikum Wa Rahmatullah

I got a question from a sister that I need help answering.  A wife filed for divorced and the husband signed the papers.  When does the iddah for the woman start? When the papers are signed or when the fling is completed.  Also, does he have to give her an Islamic talaaq as well or the legal signing is enough?

 

   بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

                                

                                                         In the name of ALLAH the Most Gracious, the Most Merciful.

Answer:

 

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

The iddah for the woman would commence as soon as he wrote/signed the papers of divorce.

Legally signing the papers of divorce are enough to consider them divorced in Islamic law as well, seeing as verbally speaking the words of divorce are not a condition and by him signing the papers, he has given full consent for the divorce to occur.[1]

 

Only Allah SWT alone knows best.

Written by Moulana Imran Mughal

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 


[1] Allamah Ibn Abidin, Raddul Muhtaar (Riyadh: Dar Alam al-Kutub, 2003), 4:456.

 

 

 

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