Written divorce
Question
Two days ago I went to a lawyer and told him the details of dispute between me and my wife. After listening, he advised me to make a divorce deed. I agreed and thought that this divorce deed will not be in effective unless I pronounced it verbally or orally in front of my wife. After signing the divorce deed, the lawyer told me to verbally / orally say talak to my wife as a proof but I did not said any thing except I said "just leave it, it is OK". Then he told me to arrange two witness to mentioned in the divorce deed. I went to my two friends and asked them to sign but even here in front of my witnesses I did not said I talak my wife. I got back to my lawyer with the signed document and after examining he said to me that now your wife is haram on you. I was shocked how it could be possible when I have not said talak in front of my wife or anyone else. I was puzzled and the lawyer told me to send the divorce deed to your wife's house. I posted the divorce deed but I did not want to send this divorce deed to my wife. I had thought and my intentions were to just warned my wife by sending the divorce deed and not really divorce her. No doubt I was angry with her
attitude but my intentions were not to take the matters so far. I thought this way she will get back to me and I will tear the divorce deed later. Now please tell me is talak/divorce has been implemented according to law and sharia? Is my wife haram on me?
Answer
If the divorce was issued and signed by you then the divorce is valid even though it was in writing.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
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