Darul Ifta Ibn Masood

Status of a civil or court divorce

· 20 Rabiʻ I 1445 AH1 min readEnglish

Question

1. If a husband issues a summons for a decree of divorce, would that constitute a Talaaq?

2. If a husband sent a WhatsApp message with a Talaaq, but then states he did not mean it and returns home, would that constitute an effective Talaaq?

Answer

1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.

2. The moment he writes out the divorce in the absence of his wife, the Talaaq will be valid, hence in the queried scenario, Talaaq is effective.

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/status-of-a-civil-or-court-divorce/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-27319

People also ask

Is a civil (court) divorce a valid talaaq?

“1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.”

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