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is divorce valid if not verbal

Last updated: 3rd January 2007
Question ID: #3463
Short URL: http://qa.muftisays.com/?3463
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Maya
3rd January 2007

 
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?



Answer
Ulamaa
Ulamaa ID 03
Answer last updated on:
4th January 2007
Answered by:
Ulamaa ID 03
Website
Location: UK
In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

The divorce which is written and\or 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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