Is written divorce valid
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
My husband emailed me a letter saying he gives me talaaq after an argument & while roza even though he did not want to divorce me he says that he is giving me what I want since I have said that I want a divorce. Is this type of talaaq valid?
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Is written divorce valid
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’
If the husband has pronounced or declared a divorce upon his wife, regardless of whether it is verbal or in writing, a divorce will indeed be established between the couple in the Sight of Shariah Law and in the Sight of Allah Subhanah.
Your Statement: …My husband emailed me a letter saying he gives me talaaq
If indeed your husband emailed you a letter stating terms to the effect ‘I divorce you’, a divorce would be established between you and your husband in your marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.
The state of fasting or the divorce letter following the argument is absolutely irrelevant….if your husband did indeed email you a letter stating terms to the effect of ‘I divorce you’, indeed a divorce will be established in the marriage in the Sight of Allah Subhanah.
Your Question: …..though he did not want to divorce me he says that he is giving me what I want since I have said that I want a divorce
Respected sister, what a believer (man or woman) utters with their mouth is regarded as a bond and must be honored.
If you did not want a divorce from your husband, you should never have asked for one!
And if your husband did not ‘really’ want to divorce you, he should not have emailed the divorce letter to you!
Just as one cannot say ‘I was kidding or joking’ after marrying a woman, one cannot say ‘I was kidding or did not mean to divorce you’ after declaring a divorce!
By you asking your husband to divorce you when you did not want one, or your husband declaring a divorce unto you when he did not (really) wish to divorce you…..both of you have tried to make a mockery of the Laws of Allah Subhanah!!! It would only be prudent that you turn back to your Lord and seek sincere forgiveness; and if indeed you are sincere in seeking forgiveness, it is expected that you will find your Lord Forgiving and Merciful.
Your Question: ….Is this type of talaaq valid?
If your husband did indeed email a divorce letter to you, a legal divorce will be established between you and your husband in your marriage.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229-230:
229 A (revocable) divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (if it is the wife who initiates the divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons are the wrong-doers.
230 So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 231 (part):
231 When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.
Respected sister, Shariah Law allows for two revocable divorces in any one marriage. The divorce email of your husband will count as one divorce and if this is the first (or the second) time your husband has pronounced a divorce unto you in the marriage, it is indeed revocable.
If your husband now regrets his action and wishes to revoke the divorce he pronounced unto you, he is well within his rights in Shariah Law to do so. But he would have deemed to have used up one of his two revocable divorce rights in the marriage.
If before the expiration of your ‘idda’ or waiting period of divorce (which is three menstruation periods of the woman) your husband declares that he takes you back as his wife, the divorce is revoked and you can live with your husband as a married couple.
If your husband does not revoke the divorce before the expiration of the ‘idda’ and after the expiration wishes to re-marry you, he can do so….but a brand new ‘nikaah’ contract has to be made between the two of you and a brand new ‘mehr’ should be assigned before you can legally live as husband and wife.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,