Divorce by writing on the paper

Fatwa ID: 02487

Answered by: Molana Muhammad Afzal Hussain

Question:

salaam need some help from a mufti.
I have gave my wife a divorce ive done it by writing it on a piece of paper 3 times. Wrote my name and hers and had 2 people witness it too.

I lived away from her for a year and half after I have gave her the divorce so had plenty time to think. The problem I have know is the person I am trying to marry her father want proof if it a genuine talaq from a mufti and in writing. he is a muslim but not really clued up and says he is just looking out for his daughter. can you please confirm its a divorce and also help….

Answer

بسم الله الرحمن الرحي

Narrated Muharib: The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: Allah did not make anything lawful more abominable to Him than divorce. (Abu-Dawud. Chapter: Talaq)

Just as divorce (talaaq) may be done verbally it may also be done in writing. If a person clearly writes that he is divorcing his wife and intends divorce thereby, then divorce does take place.

That is because expressing it in writing is the same as expressing it verbally; the pen is one of the two tongues.

The condition according to the majority of fuqaha’ is that he should have the intention of divorce when writing, because he may intend by writing it that divorce should take place or he may intend something else, such as upsetting his wife. So divorce does not take place in writing unless there is the intention to that effect. (al-Mabsoot, 6/143)

Please click on the following link for further understanding:

http://daruliftabirmingham.co.uk/divorce-via-text/

Only Allah Knows Best

Written by Molana Muhammad Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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