Written divorce

Answered according to Hanafi Fiqh by

Q: Two days ago I went to a lawyer and told him the details of dispute between me and my wife. After listening, he advised me to make a divorce deed. I agreed and thought that this divorce deed will not be in effective unless I pronounced it verbally or orally in front of my wife. After signing the divorce deed, the lawyer told me to verbally / orally say talak to my wife as a proof but I did not said any thing except I said “just leave it, it is OK”. Then he told me to arrange two witness to mentioned in the divorce deed. I went to my two friends and asked them to sign but even here in front of my witnesses I did not said I talak my wife. I got back to my lawyer with the signed document and after examining he said to me that now your wife is haram on you. I was shocked how it could be possible when I have not said talak in front of my wife or anyone else. I was puzzled and the lawyer told me to send the divorce deed to your wife’s house. I posted the divorce deed but I did not want to send this divorce deed to my wife. I had thought and my intentions were to just warned my wife by sending the divorce deed and not really divorce her. No doubt I was angry with her
attitude but my intentions were not to take the matters so far. I thought this way she will get back to me and I will tear the divorce deed later. Now please tell me is talak/divorce has been implemented according to law and sharia? Is my wife haram on me?


A: If the divorce was issued and signed by you then the divorce is valid even though it was in writing.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, 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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