Message No : 14Sr.No : 388/722
Question By : Mr. Riaz

is it correct that the jurists have said that there is no need to use divorce by means of letter or written words as one can issue divorce verbally in front of wife. it is only permissible to write divorce if husband wife are in two different places. if wife is forcing you to sign divorce she has written on piece of paper and due to force without intention you have no choice but to sign this is not valid divorce. pls reply jazak allah


Reply By : Md. Asad
Designation : Mufti, ODI, MMERC Mumbai 

In the name of Allah the most gracious the most merciful

If a husband writes talaq on a paper awhile his wife is present and then hands over it to her without pronouncing it with his tongue then the talaq will not happen. Since the writing is considered alternative to speaking when required, but when his wife is present in front of him there is no requirement of any writing.
Similarly, if one is forced to write talaq or to sign a talaq-paper and he does it but he does not utter talaq, no talaq will take place.

And Allah (swt) knows the best

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Current Issue October 2012
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