Writing out talaaq without the intention of divorce
Question
My husband is from another country. He married me here as a second wife. When he returned to his country his first wife got angry and demanded that he divorce me. He chose her and her children. Together they went to a sheikh and asked for divorce. He wrote I divorce Layla (my name) 3 times. His wife then took the letter and sent it to me with his cousin. My husband tells me that the divorce was not valid and we have been married for 3 years now and for 3 years I did not see him but he says we are still married. I am a revert and I don't understand. Please give me an answer to my
problem.
Answer
If he had signed for the divorce then the divorce is valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/6456
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-6456