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Is Talaq valid without witness, and must I observe iddat if I’m a working woman?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My husband stays in dubai and he sent me an email saying “He pronounce “Talaq’ to me with free will and sound mind without any Compulsion or coercion”. Is this Talaq valid with out any witness (this is the first talaq he had given). If it is valid do i have to observe the iddat period as i am a working woman i cannot take a leave for 3 months and i have a son who is 1 year old dependent on me. please advise ASAP.

Answer

(Fatwa: 1258/759/D=1432)

If your husband confirms sending talaq via email, then talaq shall take place. It is not necessary that the witnesses or the wife should be present in front of him. If he has only written “He pronounces talaq to me with free will and sound mind without any compulsion or coercion”, and neither he wrote it repeatedly nor he added the number of two or three and did not give any kind of talaq before and after this incident, then with the said sentence only one talaq raja’i shall take place. The ruling of talaq raja’i is that if the husband wants to take his wife back within iddah period, he may do so, while after iddah if both wish to live together they will have to do nikah again with mutual consent. But, if the woman wants to marry somewhere else, she has the right to do so.
However, iddah is wajib on you. It is forbidden to adorn oneself with beautiful clothes and jewelleries. Also going out of home is strictly prohibited. Hence, you should observe your iddah period as per the commandments of Almighty Allah though by taking leave; otherwise, you shall be sinful. The detailed rulings of iddah are mentioned in the book Bahishti Zewar, you should study it. Your iddah started from the time of talaq, when three complete menstruating periods will pass from the time of talaq your iddah shall complete. You should do taubah and istighfar for violating the rules of iddah i.e. if you kept on coming and going out.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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