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Husband telling wife to write “divorced” in marital status

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a husband said to his wife “you will write divorced in your marital status” but the wife did not write it, will divorce take place?

Bismillaah

A: At the time the husband said “write divorced in your marital status”, if he intended a divorce at that time when saying the word “divorced”, then one talaaq-e-rajee (revocable talaaq) had taken place, even though the wife did not write it. However, if he did not intend to issue a talaaq through those words, but rather intended that his wife should give false information, then since he and his wife knew that this is not an issuance of talaaq, but merely writing false information, no talaaq has taken place. The husband should be referred to and asked regarding his intention.

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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