Written Divorce

Fatwa ID: 02167

Answered by Molana Eunus Ali

Question:

Salam

I have a question for u few months back me and my cousin did nikkah secretly but according to shariah by qazi and in front of 2 witnesses  without informing our family.then after few months we had to inform our family about our nikkah so the parents of the girl forced her to take divorce from me as they didnt want to give ruksati they pressurised her for that and she unwillingly asked me to do so..due to which i contacted an advocate for that and he prepared the papers in which 3 times word talaq was written and i signed them without the intention of giving talaq to her and advocate himself sent the papers to the girl.

I didn't say it verbally to her as we both thought that it will only end our nikkah officially but not according to shariah and advocate also told me that as u have signed it with 3 times written on it so it is only 1 talaq and u can do ruju.so i did that but m not sure whether our marriage is still there or not so kindly plz give me an answer so that my confusion can be resolved. .

I also want to inform u that 2 days before signing divorce deed we had intercourse and after that for ruju we had done that.

I will be waiting for ur answer 

Thanku 

Answer:

Bismillah

The written divorce is divided into two categories:  

     1. Marsumah: is where the letter is addressed to his wife.

  1. GhairMarsumah: is where the letter is not written to his wife.

Then Marsuma and GhairMarsumahhave both been further divided into two types:

  1. Clear and explicit writing: the example of this is the writing that is done on a piece of paper, wall or ground in a manner which is understandable.
  2. Unclear and implicit writing: the examples of unclear writing will be to write on the air, on water or on something in a way that is not understandable or legible.

As for the first type whereby the writing is clear and it is directed or referred to his wife for example he says ‘I have given you a divorce,’ then a divorce will occur irrespective of the husband making an intention or not of the divorce.

When the writing is unclear or eligible, divorce will not occur irrespective of it being Marsumah orGhairMarsumah. In this category the intention will not be taken into consideration.

Finally when 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 of it, otherwise no divorce will occur.[1]

With regards to your question, as you have stated that you wrote and signed on a piece of paper three talaqs which was then sent to your wife through a third party, three divorces will occur and your marriage has been terminated.

Hence there is no option of ruju or having relationship as the marriage is no longer valid.

When the husband has issued his wife three explicit divorces, their marriage will terminate immediately and it will notbe permissible for the couple to reconcile the marriage or remarry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband) the wife is allowed to re-marry the first husband. This process is termed halalah.[2]

Only Allah knows best

Written by Molana Eunus Ali

Darul Ifta Birmingham

Checked and Approved by Mufti Mohammed Tosir Miah


[1]FatawaHindiyyah, Volume 1, Page 414, Darul Kutubul Ilmiyyah

 

[2]Al-Lubab Fi SharhilKitab, Page 457, Al-MaktabatulUmariyyah

 

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