Divorce through Pakistani Deed of Divorce Notice

Fatwa ID: 03656

Answered by: Alimah Sabrina al-Faarsiyyah

 

Question

My husband sent me Pakistani deed of divorce notice on which divorce was mentioned 3 times. Before that, he texted me saying ‘that is one’. Despite this, he says he had no intention for the divorce but family pressure and legalities led him to do this. He says he has said that he is not divorcing me in front of 2 men who are his elder brother and father. What is the shar’i importance of this deed of divorce, and how should it have been dealt with when the document was received? I was on my period at that time. We are the followers of Hanafi Fiqh.

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

If the husband has issued three divorces (talaaqs) through a written document with clear and explicit writing in which he has addressed his wife, then divorce has occurred. [1] Family pressure is not considered enough force to invalidate the divorce, hence the divorce has occurred.[2]

 

Only Allah knows best

Written by Alimah Sabrina al-Faarsiyyah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Raddul Muhtaar 4/442, al-Maktabah al-Ashrafiyyah

 

[2] Ibid, 4/427

 

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