Husband & wife Separated & no communication, how does the husband issue the Talaq?

· 17 Shawwal 1424 AH1 min readFatwa 10028English
Marriage & DivorceDivorce (Talaaq)

Question

Husband & wife have separated. Responsible people from both families have attempted reconciliation, but the matter is unreconciliable. Thus, they agree that Husband & wife will not get back together. The husband wishes to give the Talaq & the wife wishes a Talaq.

Answer

Nikah is a relationship which should not be broken, but if the husband and wife are afraid that by keeping the relationship any further will lead them to cross the boundaries of Allah Ta?ala, then one may issue divorce. The best form of divorce is to state the word "Talaaq" once, and then leave her for three menses.

After completing three menses, the Nikah will terminate. It is also advisable to confirm the verbal divorce in writing and attested by two witnesses.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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