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Fatwa #1187525 June 2004Pakistan

my husband issued me a divorce on paper a year ago in one sitting. is this a proper shariah divorce. he did not say it verbally.

Question

my husband gave me a divorce on paper, it was not verbal one but one issued by lawyer on paper. husband did not say it verbally. are 3 talaaqs issued on a paper in one sitting regarded as a full talaaq. what are the ways if we want to marry again? that is if we are allaowed to

Answer

If your husband signed a document stating that he divorces you, then the ruling is that if he did it when you were not present, then the divorce is counted. Thus if he issued three divorces, then it will not be permissible for you to remarry him, except in the case where you in the interim get married to another spouse who consummates the marriage.

If your husband issued one or two divorces, then it would be permissible to remarry. If the paper was signed in your presence and he did not utter the Talaaq verbally, then the talaaq would not have taken place.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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