Answered by: Mufti Mohammed Tosir Miah
Question
I and my wife did a verbal fight several times. In an angry face, I and she left alone in our parent’s home. She lives in her parent’s home and I live in my parent’s home. Then we also fight over the phone. In an anger phase, I talk to a lawyer and sign in divorce paper. I uttered Talaq one time. But in the paper 1,2,3 and Bain-e-talaq were written. But at that time I was in a very anger situation. Without fully realizing the talaq I signed in the paper. But after 1-2 days, I realize it’s a wrong decision and immediately told my lawyer to cancel all the processing of Talaq. My Lawyer stopped everything about Talaq. And told me to give one declaration that I want to take my wife back and what I did before were in an extreme anger situation. My wife did not know anything about all those. Could you please explain to me that is the way of taking back my wife is okay? Is the divorce affected?
In the name of Allah, the Most Gracious, the Most Merciful
Answer
In Islam, a verbal declaration of divorce is not necessary for determining the validity of a divorce.
Imam Kasani (RA) has said:
“Similarly issuing a divorce verbally is not a condition. Hence divorce will be effected with clear and unambiguous writing.” (Badai-al-Sanai P.100 v.3)
Before looking at your question, in the Hanafi Fiqh there are two types of written divorce:
- Marsumah
- Ghair Marsumah
Marsuma is where the letter is addressed to his wife and Ghair Marsumah is where the letter is not written to his wife. Then Marsuma and Ghair Marsumah have two types: clear and understandable writing and unclear and unreadable writing. An example of the first one will be writing that is written on a piece of paper, wall, or ground in a way that is understandable and examples of unclear writing will be writing in the air, on water, or on something in a way that is not understandable or readable.
In a situation where the writing is unclear, divorce will not occur irrespective of whether it is Marsumah or Ghair Marsumah or whether he made an intention or not.
In a situation where the writing is clear but it is not directed or written to his wife for example he typed the word ‘divorce’ or ‘Talaq’ then talaq will occur if he made an intention.
In a situation where the writing is clear and it is directed or referred to his wife, for example, he says ‘O Zainab! I have given you divorce,’ then talaq and divorce will occur irrespective of whether he makes an intention or not. (Fatawa Hindiyyah p.378 v.1)
With regards to your question, when a husband writes talaq or signs on the paper where “talaq” is written then talaq will only occur if he makes intention or if he sends it to the wife, then this becomes a formal letter, thus talaq will occur. However, if you wrote on the paper your wife’s name and addressed her in giving talaq then talaq will occur irrespective of whether he makes an intention or not. (Raddul Muhtar p.456 v.4)
Remember the aforementioned information applies to written talaq. The one talaq you gave your wife verbally will occur.
Only Allah Knows Best
Written by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham