Fatwa #144578 August 2006Saudi Arabia
Kindly let me know if a Divorce (Talaaq) given over the phone without any witness is valid or not.
Question
Kindly let me know if a Divorce (Talaaq) given over the phone without any witness is valid or not. Only one talaaq was given over the phone, kindly elaborate and also inform about the iddah period. The Talaaq was given on 21 June 06.
Answer
A Talaaq given on phone will be valid if one is certain that the husband or his duly authorised representative issued the divorce.
The iddah period is three menstrual cycles if the divorcee experiences menses and she is not conceived. If she does not experience menses, the iddah will be three months. If she is conceived, then the iddah will be till birth.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai