Search »

Advanced Search »

Traveling: Rulings and Etiquettes (10+ Fatwas)

Islamic Terms Revisited (Folder)

10+ Fatwas Series

Friday Khutbahs

Religious Pages

Live Fatwas

Live Dialogues

Shari`ah Forum

Living Shari`ah

Services

Last Update: 05:26 GMT, Tuesday, Feb. 09, 2010

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Name of Questioner

  - United States

Title

Validity of Inaudible and Not Witnessed Divorce

Question

A man signed divorce papers but he did not give it to his wife and later destroyed that paper. He never said the words of divorce to his wife, nor filed for legal divorce. Is it counted a divorce if he signed the paper although he later destroyed it?

Date

02/Aug/2003

Name of Counsellor

Muzammil Siddiqi

Topic

Divorce

Answer

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

Islam never takes marriage and divorce lightly. The words of divorce are serious and one should say them with the full understanding of the consequences. One should not say or write even in one's private notes that he has divorced his wife.

In his answer to the question in point, Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:

"If he wrote and signed the paper of divorce with the clear intention that he was divorcing his wife at that time, then the divorce has taken place whether he gave that paper to his wife or not. If he changed his mind then he should revoke his divorce by words or by resuming matrimonial relations with his wife within the `iddah (waiting) period.

However, if he was only preparing the paper of divorce and his intention was to divorce his wife later when he will give her the paper, then the divorce has not taken place. The divorce takes place with the intention of the husband and with the words of divorce. It is not necessary for the divorce to be communicated directly to the wife in order to become effective. It can be done through a third party. One should not say or write even in one's private notes that he has divorced his wife.

These words are serious and one should say them with the full understanding of the consequences."

You can also read:

Divorce Should Be the Final Resort

Allah Almighty knows best.

 

Print Send to a friend

Quakes: Shari`ah Q & A (Folder)

Islamic Terms Revisited (Folder)

Al-Quds: The Olive City (Folder)

 

Your Mufti

Your Contribution

 

 

 

 



 

News | Living Shari`ah | Health & Science | Politics in Depth | Discover Islam | Family | Art & Culture | Youth

 

About Us | Speech of Sheikh Qaradawi | Contact Us | Advertise | Support IOL | Site Map