IslamQA

Legal divorce after talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1. If a husband, with an intention to divorce his wife, says to his wife that “I divorce you” and after that they did not have any sort of communication or any physical relationship upto three months, will it be considered as a legal divorce or the husband is again required to divorce her ?

2. Also, please tell me whether it is necessary to give a written talaqnama to the wife and if yes, who all should sign the talaqnama and is it necessary that the wife should also sign the talaqnama?

Bismillaah

A:

1. If from the time of divorce 3 monthly courses have ended and there was no contact then she is out of the nikaah. He is no more halaal for her.

2. No, it is not necessary.

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

 

Answered by:

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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