Fatwa ID: 05092

Answered by: Maulana Shadman Ahmed

Question

A husband writes out Talaaq to his wife who has left home.  After writing out the Talaaq he changes his mind and tears up the document.

‌أ.        Has Talaaq taken effect in this case?

‌ب.       Are witnesses necessary for verbal or written Talaaq to take place?

‌ج.       A husband writes out a letter of Talaaq to his wife who is sitting in front of him in the same room.  He does not utter ant Talaaq verbally but gives the Talaaq letter into his wife’s hand.  Does Talaaq take place in this case?

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

Answer:

The Talaq has taken place by him writing out the Talaq. It is mustuhub to have witnesses for a written talaq so they can come forth in front of the judge if there is a need to do so. In the last case, Talaq takes place as the time of writing is taken into consideration (Ibn Abideen, Radd al-Muhtar, vol. 9, pg. 101-102; Fatawa Mahmudiyyah, vol. 16, pg. 583-585).

Only Allah knows best

Written by Maulana Shadman Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham