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Is it necessary to give your wife talaq in her presence

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by Mufti Mohammed Tosir Miah


Question:


Is it necessary to give your wife talaq in her presence?


Answer:


Bismillah


Attributing divorce is of two types.


  1. The attribution is clear.  For example ‘I divorce you’.

  2. The attribution is unclear.  For example, the husband says ‘Divorce’ or Talaq’ without specifying or indicating his wife but indirectly his wife is meant and not another woman.


In both situations, talaq and divorce will occur.   (Raddul Muhtar p.458 v.4)


With regards to your question when you gave your wife three talaqs then the three talaqs will occur. It is not necessary for your wife to know for talaq to occur. Similarly, it is not necessary for talaq to be given in the presence of the wife for it to occur. (Aapke Masail p.223 v.5)


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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