Is it necessary to give your wife talaq in her presence

Fatwa ID: 01929

Answered by Mufti Mohammed Tosir Miah

Question:

Is it necessary to give your wife talaq in her presence?

Answer:

Bismillah

Attributing divorce is of two types.

  1. The attribution is clear.  For example ‘I divorce you’.
  2. The attribution is unclear.  For example, the husband says ‘Divorce’ or Talaq’ without specifying or indicating his wife but indirectly his wife is meant and not another woman.

In both situations, talaq and divorce will occur.   (Raddul Muhtar p.458 v.4)

With regards to your question when you gave your wife three talaqs then the three talaqs will occur. It is not necessary for your wife to know for talaq to occur. Similarly, it is not necessary for talaq to be given in the presence of the wife for it to occur. (Aapke Masail p.223 v.5)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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