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Has divorce taken place between the man and wife? Are they eligible to marry again in 2012?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
A man divorced his wife 10 years ago (2002). The man did not say verbally/orally I divorce you but he wrote on a paper that I am divorcing you and then, he sent that paper through postman. The wife returned that letter and hence did not receive the divorce paper. But, the society people said that divorce has taken place and now, they have to live separately. Since 2002, both of them are living separately in separate houses. They have also not married anyone during this 10 years. My question is that has divorce taken place? If they want to marry again in 2012, can they marry? Even if the wife received the divorce papers, are they eligible to marry again?


(Fatwa: 361/364/N=1433)

(1&3) If the person mentioned there in the question wrote in the talaqnama addressing his wife only that he is giving her talaq and did not condition the talaq with receiving the talaqnama, then in this case though his wife did not receive the talaqnama rather she returned it then too talaq took place on his wife merely by writing the talaqnama. Whatever the people say is right.
قال فى الفتاوى الهندية (كتاب الطلاق الباب الثاني في إيقاع الطلاق الفصل السادس فى الطلاق بالكتابة 1: 378) : ثم المرسومة لا تخلو إما أن أرسل الطلاق بأن كتب أما بعد فأنت طالق فكما كتب هذا يقع الطلاق وتلزمها العدة من وقت الكتابة …… اهـ ومثله فى الرد (أول كتاب الطلاق 4:456 ط زكريا ديوبند عن الهندية اهـ)
(2) If the husband has not given three talaqs to his wife within wedlock and iddah and he has only given the one talaq which is mentioned in the question or he has given one more talaq then it is lawful for the husband to marry her without Shariah halalah.

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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