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Writing a talaaq in the presence of the wife

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I just would like to know as I was in contact with another woman not physical but via social media. My wife forced me to write down my 3rd and final talaaq to her and made me leave my home. I would like to know if this is valid as I had no intention of leaving her as I loved her. I married her with two kids from her previous marriage and we were a happy family but I let an intruder into my life and messed my marriage up. Do I have a right in this matter?

Bismillaah

A: If you wrote the talaaq in the presence of your wife and you did not issue the talaaq verbally, then the talaaq is not valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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