Source: http://qa.muftisays.com/?3463
Question ID: #3463
 
Question: is divorce valid if not verbal
Hello
I wanted to know if a man prepares documents for divorce for his wife in which in writes talak 3 times and is done through a lawyer and with 2 witnesses and the wife doesnt know about this. Is this divorce valid or not since she not told by her husband that he is divorcing her. Is only verbal valid and not written?
 
 
Answered by: Ulamaa ID 03 (UK)
Date: 04/01/2007 10:48am

In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

The divorce which is written andor verbalised has certainly fallen and takes effect. This is regardless of whether the divorces were issued with or without intention, in anger or happiness, or whether the wife is told or not.

In fact the written divorce (especially with witnesses) is much more reliable, as then there is no misunderstanding as the husband cannot deny or disprove it.

In this particular case, where 3 Talaaqs were issued, the marriage would have ended.

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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