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If a husband has Talaaq papers, does it count as a divorce? 

Answered according to Hanafi Fiqh by TheMufti.com

Q. I married a man to be his second wife last year but due to him being unfair, we decided to part ways. My husband went alone to the Imaam and called me from there and handed the phone to the Imaam. This is exactly (word for word) what was said -” aslm is this true? ” to which I replied-” yes Imaam it is” . That was all that was said. I have heard nothing after the call ever since from both Imaam and my husband and proceeded wth my Idaah and completed it alhamdulillah. But now my cousin has told me that the Talaak is not valid as my husband did not on the same night or after say the words ” I Talaak you” to me either in person, on the phone or via text. I Have also not heard of him again. My question is, is my cousin correct? Did my husband need to say those words to me? And if the Imaam has given him Talaak papers without saying he gave Talaak to me, is the papers valid? 


A. Your cousin is correct in saying that your husband must issue a divorce to you. Thus, this may be directly issued to you or you may be informed of it. In either case, the issuance of Talaaq by your husband to you verbally or in writing is necessary.

You should make contact and clarify this with your husband.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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