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Divorce over phone

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum Wa Rahmatullahi Wa Barakatuhu,

Below is a statement from my son in law, please advise if based on this statement, divorce has been issued to my daughter or not. 

I issued one verbal divorce to my wife over the phone. My father and my brother were witnesses (in my presence) to this event. My wife’s father has also been informed of this event for the sake of full transparency. Per the guidelines and teachings of Islamic Law, I will be sending my wife payment within the next few days in the amount of $3,000 to serve as her Nafaqah during the ‘Idda.

Wassalam

 الجواب وبالله التوفيق 

In the situation inquired about, the husband himself is acknowledging that, he issued one verbal divorce to his wife over the phone. With this one Talaq-e-Raja’e took effect. He also has informed others about it. As the sentence he uttered has the acknowledgement that he issued Talaq and it further clearly states that he issued one Talaq to his wife, hence, there is no doubt in the Talaq taking effect.

( فتاوی قاسمیہ ج 17، ص 229) من اقر  بطلاق سابق یکون ذلک  ایقاعاً منہ فی الحال

واللہ اعلم  بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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