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Fatwa #4689917 January 2021Bangladesh

Signing Divorce Papers without verbal Talaaq

Answered by Ebrahim Ibn Ahmed DadanChecked by Mufti Ebrahim Desai

Question

Assalamu alikum,

My question is, is issueing divorce in presence of wife needs uttering 'talaq' or 'I divorce you' orally? 

A husband divorced his wife 3 years ago by signing a goverment issued divorce paper in front of his wife, the marriage regiester and two witnesses. He signed with the intention of talaq, but he did not say 'talaq' or 'i divorce you' orally. Was it essential for him to say the words of divorce as his wife was present there? Was this divorce correct? The country's muslim marriage and family law is based on hanafi fiqh.  The marriage regiestor who conducted the divorce, did not tell the husband to pronounce talaq. He just took the husband and wife's signature and said that divorce had taken place. 

Answer

Wa Alaykumus Salaam Wa Rahmatullahi Wa Barakaatuh.

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

Brother/Sister in Islam,

It is unclear as to whether the husband signed with the intention of a civil divorce or a Shari divorce (Talaaq). Kindly clarify the issue.

Forward your clarification to admin@darulifta.net reference, Ebrahim Dadan.

And Allah Ta'ala Knows best

Ebrahim Ibn Ahmed Dadan

Student Darul Iftaa
Pietermaritzburg South Africa

Checked and Approved by, 
Mufti Ebrahim Desai.

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