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Written Talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I had a second marriage recently on 31 Jan. I had no relationship with my wife till now because I got to know that she had not taken proper talaq from her first husband. Talaq is just on a plain paper written by her husband that I give u talaq. There there is no sign of a Qazi or advocate. So now I want to ask u if my marriage is valid or not? Our marriage was done by a Qazi. What should I do now?

Bismillaah

A: If her previous husband issued a written talaaq and she was not present at the time he wrote the talaaq, the talaaq is valid. However, if he wrote the talaaq in her presence, the written talaaq is not valid.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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