Fatwa ID: 01284

Answered by Mufti Mohammed Tosir Miah

Question:

Writing just the word talaq on a piece of paper

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

There are two types of written divorce:

1. Marsumah

2. Ghair Marsumah

Marsuma is where the letter is addressed to his wife and Ghair Marsumah is where the letter is not written to his wife. Then Marsuma and Ghair Marsumah have two types: clear and understandable writing and unclear and unreadable writing. Example of the first one will be writing that is written on a piece of paper, wall or ground in a way which is understandable and examples of unclear writing will be writing in the air, on water or on something in a way that is not understandable or readable.

In a situation where the writing is unclear, divorce will not occur irrespective whether it is Marsumah or Ghair Marsumah or whether he made an intention or not.

In a situation where the writing is clear but it is not directed or written to his wife for example he typed the word ‘divorce’ or ‘Talaq’ then talaq will occur if he made an intention.

In a situation where the writing is clear and it is directed or referred to his wife for example he says ‘O Zainab! I have given you divorce,’ then talaq and divorce will occur irrespective of whether he makes an intention or not. (Fatawa Hindiyyah p.378 v.1)

With regards to your question, when you wrote just the word talaq on the paper, talaq would only occur if you made the intention of talaq. If you did not make the iontention of talaq, then talaq would not occur. (Raddul Muhtar p.456 v.4)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.