My friend was married last year. Soon after marriage there was frequent quarrel between them. Within two months of themarriage his wife in his absence, took all her marriage gifts, clothes, etc with the help of her sisters and left the house open. She then pressed for divorce. She sent a legal notice for divorce. She is a doctor and is earning and has not conceived. My friend is willing to give her divorce. She is also insisting on getting written document of talaaq. What is the correct positon on this and what would be the liabilities on my friend? My friend has told her that since marriage was done thru Islamic ways, he would give divorce in Islamic ways, as his marriage was not done through courts. What is the correct position on this? My friend is not agaisnt giving written document of talaq, but as far as I know, if divorce is given in the presence of the wife, then it can be verbal. Am I correct on this? Please gie your views and judgment as earliest, this is a request of urgency. Jazak Allah Khairan.
Answer:
(Fatwa: 1645/1164=H/1429)
You are right. But, tell him one more thing that he should give only one talaq in a tuhr (state of purity/ non-menstrual period) free from intercourse. If the wife is insisting, he should pronounce one talaq and give it in written as well. Also, he should pay the full mahr (dower), maintenance of iddah and return every article belonging to her. When the iddah of the first talaq will be over she can have her second marriage.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband