Written divorce hanafi

Answered by Mufti Mohammed Tosir Miah. A husband issued three talaqs to his wife in writting whilst the wife was present before him and then gave her the paper, without actually uttering the words of talaaq.

The husband claims he was emotionally and mentally pressurised to do so by his sister-in-law who told him his wife was not fit for him and that he was not in a sound state of mind at the time.

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All the while, the husband was crying and whenever he hesitated in writing, the sister-in-law forced him to write. He also claims she was reading some kind of invocation upon him to make him do as she ordered. Please clarify whether in this situation the divorce has taken place or not. In the name of Allah, the most Beneficent, the most Merciful. There are two types of force:. Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc….

Forced to Divorce

Ghair Muljee: Ghair Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc…. Raddul Muhtar p. The difference is that in ghair muljee he is not threatened with his life. Furthermore, the jurists have added that if the individual who is being forced to divorce his wife is from a respectable background, then ghair muljee will be considered a sufficient enough force. If however, the individual is from a rough or aggressive background then muljee will be considered as a sufficient enough force.

From the above information the Islamic ruling is that if someone is forced to divorce his wife in the aforementioned situations, then the divorce will be effective on the condition that he said it verbally. However, if a man is forced to divorce his wife and he writes out a Talaq on paper and he even signs it or signs on a paper which has Talaq written on it from before, Talaq will not be effected.

Written divorce

However, as your husband had signed the divorce paper in your presence, divorce will not take place. Allahmah Ibn Abedeen Shami [rahinahu], a famous Hanafi scholar has written in his book Raddul Muhtar that if a person is forced to divorce his wife and he divorces her with written words then the divorce will not occur as the written word is equivalent to verbal divorce where there is a need and there is no need here.

Therefore, we can conclude that the divorce given to you by your husband by means of written words would not execute a valid divorce. Only Allah Knows Best. Mohammed Tosir Miah. Darul Ifta Birmingham.

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Posted in Islamic jurisprudence.Please enter a valid email. In order for the institution of marriage to fulfill its goals as described earlier, divorce must be allowed in certain situations. This law is not suited to human nature and Islam does not force us to apply laws which are extreme - neither celibacy, permanent marriage without the possibility of divorce, nor promiscuity and mayhem the most popular one in our time. The "eradication" of single people of marriageable age as much as possible by facilitating marriages.

Setting up a social environment where all relations between men and women outside of marriage can be completely eliminated. Allah warns us in several places to "stay far away from" this act. Also, the Prophet peace and blessings be upon him said in a hadith: "The most fearsome trial from which I fear from you is the trial of women.

Obviously, part of facilitating these objectives is not to imprison spouses in a marriage which is not satisfying mentally or physically. Some of them will surely cave under the pressure and seek other outlets for their needs, destroying the moral fiber of society.

In such cases, termination of the marriage becomes preferable. Also, one of the most important goals of marriage is to raise a new generation of Muslims who will carry the message and practice of Islam forward. The family is the first source of guidance and happiness.

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If they are brought up in a situation where they can easily see the displeasure and unhappiness of their parents - and especially if Shaitan finds a way to connect this in their minds to Islam in some way - the problems in that family may be passed on to the children corrupting their behavior and possibly even their Islam.

Divorce and the various other means which Islam provides to terminate a marriage are provided to men and women in Islam in order to further the attainment of these goals - either within an existing marriage or by removing it. Divorce should not be "ugly". When it becomes necessary, it should be done with consideration, dignity and kindness. Allah said:. There are a variety of ways in which a marriage becomes terminated in Islamic law either automatically or on the initiative of the husband, the wife or a judge.

It is true that the "power" of divorce is in the hands of the husband and not the wife, but this does not mean by any stretch of the imagination that the woman has no ability whatsoever to put an end to the marriage if she is mistreated, unsatisfied or unhappy.

Men who convince their wives that they have absolutely no recourse unless they decide to divorce them have deviated in their Islam, misled and oppressed. The means of terminating a marriage in Islamic law is a very important topic and one about which many Muslims are ignorant or misinformed.

Because of this ignorance, many are forced to live miserable lives because they don't realize the options which are available to them. This is true for both Muslim men and Muslim women. The following outline shows the various ways in which a marriage may be terminated:. The wife has a serious character deficit making them "unequal" or inappropriate for each other.

Al-li'an where the husband swears an oath four times that she committed adultery. The husband can unilaterally bring and end to the marriage by one of four means: 1 divorce, 2 turning away from her for four months, 3 making a statement which makes her unlawful to him, and 4 swearing an oath that she committed adultery. This is where the husband takes an oath not to approach his wife.

This is what is referred to in the following verse:. Then, if they resume relations, verily Allah is Forgiving, Merciful.

In the jahiliya pre-Islamic daysthere was no time limit on this oath and this practice. A cruel man could leave his wife hanging for her entire life neither treating her as a wife nor divorcing her. In Islam, a four month limit has been put on such an oath. Within this limit, Allah forgives this behavior.Post a Comment. Breaking News Loading The Divorcer al-Mutalliq A Divorcer should possess the following characteristics: 1.

Sanity: Divorce by an insane person is not valid, irrespective of the insanity being permanent or recurring, when the divorce is pro nounced during the state of insanity. Divorce by an unconscious person and one in a state of delirium due to high fever is also not valid. The schools differ regarding the state of intoxication. The other four schools1 remark: The divorce is valid if the Divorcer has voluntarily consumed an unlawful intoxicant. But if he drinks something permissible and is stupefied, or is coerced to drink, the divorce does not materialize.

Divorce by a person in a fit of anger is valid if the intention to divorce exists. But if he loses his senses completely, the rule which applies to an insane person will apply to him. Free volition: All the schools except the Hanafi concur that divorce by a person under duress does not take place in view of the tradition: My ummah have been exculpated of genuine mistakes, forgetfulness, and that which they are coerced to do. The practice of the Egyptian courts has been not to recognize the divorce by a person under duress or intoxication.

Abu Zuhrah says page : The Hanafi school considers divorce by all persons except minors, lunatics and idiots as valid. Thus divorce pronounced by a person in jest, or under intoxication by an unlawful intoxicant, or under duress, is valid.

On page he writes: It is the accepted view of the Hanafi school that a divorce by mistake or in a state of forgetfulness is valid. Ibn Rushd states Bidayat al-mujtahid, vol.

Divorce in Islam

Divorce does not take place except by intention. The author of al-bawahir says: If one pronounces divorce and subsequently denies intention, his word shall be accepted as long as the divorcee is undergoing her 'iddah, because the fact of his intention can not be known except from him. Two opinions are ascribed to Ahmad.

If the father and the paternal grand father do not exist, the judge may pronounce the divorce on his behalf. The judge is empowered to pronounce divorce to rescue her from the harm, and the husband's father has no say in this affair.

All the schools concur that divorce by a stupid husband safeeh and his agreeing to khul' are both valid. Thus, if she is divorced during her menses or nifaas, 3 or in a period of purity in which she has been copulated with, the divorce will be invalid. Al-Raazi, in his exegesis of the first verse of Surat al-Talaaq, xxxxxxxxxx, has said "By 'iddah is meant the period of purity from menses, by consensus of all Muslims. A group of exegetes has observed that by divorce at the time of 'iddah is meant that the wife may be divorced only during the period of purity in which inter course has not occurred.

In brief, it is compulsory that divorce occur during the period of purity, otherwise it will not be according to the Sunnah, and divorce according to the Sunnah is conceivable only in the case of an adult wife with whom marriage has been consummated, and one who is neither pregnant nor menopausal.

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In al-Mughni vol. But if a person pronounces such a divorce, he sins, though the divorce is valid according to the view generally held by the scholars. Ibn al-Mundhir and Ibn 'Abd al-Birr have said: None oppose the validity of this form of divorce except the heretics ahl al-bida' wa al-daldlah!

If to follow the command of Allah and the Sunnah of His prophet S is heresy and misguidance, then it is of course proper that following Satan be called 'sunnah ' and 'guidance'. Whatever the case, the Sunnis and the Shi'ah concur that Islam has prohibited the divorcing of an adult, non-pregnant wife with whom marriage has been consummated, who is either undergoing periods or has been copulated during her period of purity.

But the Sunni schools add that the Shari'ah's prohibition makes the divorce haraam unlawful but not invalid, and one who pronounces divorce in the absence of these conditions sins and is liable to punishment, but the divorce will be valid.

The Shi'ah state: The Shari'ah's prohibition is for invalidating such a divorce, not for making it haraam, for the mere pronouncing of divorce is not haraam and the sole purpose is to nullify the divorce as if it had not taken place at all, exactly like the prohibition of sale of liquor and swine, where the mere recital of the contract of sale is not haraam, only the transfer of ownership fails to take effect.

A minor wife under the age of nine. A wife whose marriage has not been consummated, regardless of whether she was a virgin or not, and irrespective of his having enjoyed privacy with her.

A menopausal wife; menopause is taken to set in at fifty for ordinary women and at sixty for Qurayshi women.Fatwa ID: Answered by Mufti Mohammed Tosir Miah. A husband issued three talaqs to his wife in writting whilst the wife was present before him and then gave her the paper, without actually uttering the words of talaaq.

The husband's sister-in-law was also present. The husband claims he was emotionally and mentally pressurised to do so by his sister-in-law who told him his wife was not fit for him and that he was not in a sound state of mind at the time.

written divorce hanafi

All the while, the husband was crying and whenever he hesitated in writing, the sister-in-law forced him to write. He also claims she was reading some kind of invocation upon him to make him do as she ordered. Please clarify whether in this situation the divorce has taken place or not.

In the name of Allah, the most Beneficent, the most Merciful. There are two types of force:. Raddul Muhtar p.

written divorce hanafi

The difference is that in ghair muljee he is not threatened with his life. Furthermore, the jurists have added that if the individual who is being forced to divorce his wife is from a respectable background, then ghair muljee will be considered a sufficient enough force. If however, the individual is from a rough or aggressive background then muljee will be considered as a sufficient enough force. From the above information the Islamic ruling is that if someone is forced to divorce his wife in the aforementioned situations, then the divorce will be effective on the condition that he said it verbally.

Divorce According to Five Islamic Schools of Jurisprudence

However, if a man is forced to divorce his wife and he writes out a Talaq on paper and he even signs it or signs on a paper which has Talaq written on it from before, Talaq will not be effected.

However, as your husband had signed the divorce paper in your presence, divorce will not take place. Allahmah Ibn Abedeen Shami [rahinahu], a famous Hanafi scholar has written in his book Raddul Muhtar that if a person is forced to divorce his wife and he divorces her with written words then the divorce will not occur as the written word is equivalent to verbal divorce where there is a need and there is no need here.

Therefore, we can conclude that the divorce given to you by your husband by means of written words would not execute a valid divorce. Only Allah Knows Best. Mohammed Tosir Miah. Darul Ifta Birmingham. Fatwa ID: Answered by Mufti Mohammed Tosir Miah Question: A husband issued three talaqs to his wife in writting whilst the wife was present before him and then gave her the paper, without actually uttering the words of talaaq.

Answer: In the name of Allah, the most Beneficent, the most Merciful. There are two types of force: Muljee: Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will kill him etc… Ghair Muljee: Ghair Muljee is a situation where someone threatens a man to divorce his wife or otherwise he will beat him up etc… Raddul Muhtar p.Hello There.

I found your blog using msn. This is an extremely well written article. I will be sure to bookmark it and return to read more of your useful information. Thanks for the post. This solution will set your mind at ease once and for all. Take back your relationship AND your life! Search This Blog. Sunday, February 5, Legal divorce. I have a question about Islamic Divorce that I hope you can help me with.

I am a British born convert to Islam. I became a Muslim in I married at a Shariah Court in Sudan and then went to the UK where at the time we were told we had to have another marriage registry as the UK did not recognise potentially polygamous marriages.

After many years of marriage and a lot of tension caused by the hatred to Muslims in the UK among other thingswe have decided to get divorced.

We divorced by British divorce by cross decrees mutual consent. How can I now go about dissolving the Islamic marriage?

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Should I declare my intention of Talaq, in the local mosque? Or is as is stated in various Islamic sites on the web the British divorce also considered an Islamic divorce? Please can you advice. According to Shariah, speech and verbal utterance is not a necessary condition for the validity of a divorce talaq.

Triple Divorce Series: Episode 1: Evidence From Quran To Prove Three Divorces Equal Three

Rather, divorce is also effected by means of the written word. The great Hanafi jurist, Imam al-Kasani Allah have mercy on him states:. Hence, divorce will be effected with clear and unambiguous writing, or with the understood gesture of a dumb person, for the clear written word is in place of verbal utterance.

This writing must be clear and unambiguous. Also, there should be no deception in getting the husband to write out the decree of divorce. Similarly, if the husband instructed a third person to write the decree of divorce for him and then he signed the written document, divorce will be effected. Allama Ibn Abidin Allah have mercy on him states:.

The reason being is that the husband appointed the court as his agent to divorce his wife, and appointing a non-Muslim an agent is considered valid in Shariah. See: Radd al-Muhtar. Therefore, in your situation, if you signed on the legal divorce papers, then you have divorced your wife from an Islamic perspective also.Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife.

written divorce hanafi

The theory and practice of divorce in the Islamic world have varied according to time and place. According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The Quran substantially reformed the gender inequity of divorce practices that existed in pre-Islamic Arabia, although some patriarchical elements survived and others flourished during later centuries.

In this system, women were particularly vulnerable. The Quran limited the number of repudiations to three, after which the man cannot take his wife back unless she first marries another man. The subject of divorce is addressed in four different surahs of the Quran, including the general principle articulated in [5]. If you divorce women, and they reach their appointed term, hold them back in amity or let them go in amity.

Do not hold them back out of malice, to be vindictive. Whoever does this does himself injustice". Classical Islamic law is derived from the scriptural sources of Islam Quran and hadith using various methodologies developed by different legal schools. The term talaq is commonly translated as "repudiation" or simply "divorce".

Upon talaq, the wife is entitled to the full payment of mahr if it had not already been paid. The husband is obligated to financially support her until the end of the waiting period or the delivery of her child, if she is pregnant. In addition, she has a right to child support and any past due maintenance, which Islamic law requires to be paid regularly in the course of marriage.

Giving the husband a prerogative of repudiation was based on the assumption that men would have no interest in initiating a divorce without good cause, given the financial obligations it would incur. Talaq is considered in Islam to be a reprehensible means of divorce. The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant. Resumption of sexual relations automatically retracts the repudiation. The wife retains all her rights during the waiting period.

The divorce becomes final when the waiting period expires. This is called a "minor" divorce al-baynuna al-sughra and the couple can remarry.

If the husband repudiates his wife for the third time, it triggers a "major" divorce al-baynuna al-kubraafter which the couple cannot remarry without an intervening consummated marriage to another man. Making the third pronouncement irrevocable prevents the husband from using repeated declarations and revocations of divorce as a means of pressuring his wife into making financial concessions in order to "purchase her freedom". Women often entered marriage with substantial capital in the form of mahr and the trousseau provided by their family, which they were not obliged to spend on family expenses, and they frequently loaned money to their husbands.

Because of this, and the financial obligations incurred, talaq could be a very costly and in many cases financially ruinous enterprise for the husband. Many repudiated women used the divorce payment to buy their ex-husband's share in the family house. In the historical record talaq appears to have been less common than khul'. Available evidence from Mamluk Egypt indicates that talaq was not the principal means of divorce.

This led to repudiation without good reason being considered socially improper. Talaq types can be classified into talaq al-sunnahwhich is thought to be in accordance with Muhammad's teachings, and talaq al-bid'ahwhich are viewed as a bid'ah innovation deviations from it. Talaq al-sunnah is further subdivided into talaq al-ahsanwhich is the least disapproved form of talaq, and talaq al-hasan.

The ahsan talaq involves a single revocable pronouncement of divorce and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time. In contrast to talaq al-sunnahtalaq al-bid'ah does not observe the waiting period and irrevocably terminates the marriage. Shiite jurisprudence does not recognize talaq al-bid'ah.

The husband can delegate the right of repudiation to his wife. Commonly, the contract gave the wife the right to "repudiate herself" if the husband married a second wife. It is justified on the authority of verse [5]. It is not licit for you to take back anything you have given them unless the two of them fear that they cannot conform to the bounds of God, no blame attaches to them both.Post a Comment.

Search This Blog. Wednesday, January 25, Divorce by email. According to Shariah, verbal utterance is not a necessary condition for the validity of a divorce talaq. Rather, divorce is also effected by means of the written word.

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The great Hanafi jurist, Imam al-Kasani Allah have mercy on him states:. It is stated in al-Fatawa al-Hindiyya:. A formally written letter is that which has a heading and title like that which is written to a non-present person, and non-informal writing is that which does not have a heading.

Then, non-formal writing is of two types: Clear and understandable writing and unclear writing. Clear writing is that which is written on a piece of paper, wall or ground in a way that it is understandable and readable, and unclear writing is that which is written in the air, on water or on something in a way that it is not understandable or readable.

In the case of unclear and unreadable writing m: like on water or in the airdivorce will not come into effect even if one intends it. And if the writing is clear but not as a formally written letter, divorce will be effected if the person intends it otherwise it will not count.

As far as a formally written letter is concerned, divorce will count regardless of whether one intends it or not. In light of the above text, if one was to write divorce on water, in the air or in a way that it was unclear and unreadable, and divorce was merely scribbled, then divorce will not come into effect, even if one had the intention of divorce.

The second scenario is when the husband writes a formal letter divorcing his wife. This will count as a divorce whether he intends it or not. The third situation is where the husband does not write a formal letter with a heading etc, but the writing is nevertheless clear and understandable, such as writing on a piece of paper or on a wall, etc.

In such a case, divorce will count if he had the intention to divorce otherwise it will not count. Imam al-Haskafi may Allah have mercy on him states:. Imam al-Mawsili Allah have mercy on him states in his al-Ikhtiyar:.

Hence in this case, divorce will only count if one intends it. Hence, divorce in this case will count even if one did not intend it. Based on the above explanation, we find that there can be few situations with regards to issuing a divorce by text massage over the phone or by email:. It is similar to one issuing a divorce as formal writing without actually sending it to the wife.

It would be worthy to note three additional points in regards to our discussion:. Merely completing the writing will effect a divorce. Allama Ibn Abidin Allah have mercy on him states:.


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