Does signing legal divorce documents constitute talaaq

Q: I am a married woman. I was involved with a married man when I was still staying with my husband. I committed zina with him. Me and my husband are separated for 1 year 8 months now. My husband sent me a signed legal document for divorce in which I also signed and accepted the divorce. Our case was called 4 months back and that was when we were legally divorced in the family court. We are no more in contact with each other. Just yesterday my mum called my husband to give me talaaq, but he didn’t say anything about it. He didn’t say that he is giving me talaaq. I have also asked him several times to give me talaaq but he doesn’t. in this situation can I perform nikah again with whom I want to marry? I have heard that there is no iddat period after committing zina. Please tell me if iddat period is farz on me? and for how long?


A: Yes, the talaaq he gave in the document is valid. You may remarry after you have served the iddat.

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

الكتابة ممن نآي كالخطاب ممن دني (قواعد فقه ص 100 و شرح سير الكبير )

والمجوز في حق الغائب العجز (هداية ج4 ص705 )

و الكتابة ممن نآي كالخطاب ممن دني (هداية ج4 ص 705 )

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)