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How to give divorce

Fatwaa ID: 1563

Question:
Assalamu ‘alaykum warahmatullaah
A sister is seeking advise on the following mufti sahib:

A Sister is seeking a divorce – the husband has agreed. In what manner can this divorce take place text/ face to face is a witness required ? Paperwork required ?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Paperwork is not necessary for divorce but advisable for record purposes. Similarly, a witness is not required but advisable. Talaaq will take place by mere utterance of talaaq or a message or document stating that. It should be noted that one (1) divorce is sufficient to end the marriage. There is no need to issue three (3) nor should that be done. Similarly, there is no need to repeat it.

The ideal way would be as follows: in the presence of two witnesses, the husband should say, “I, _____________, hereby willingly, in a sane state of mind and without coercion, issue my wife, _____________, one talaaq baain.”

The following may then be signed for record purposes by the man and the two witnesses. All of their names and addresses should preferably be listed.

“I, _____________, holder of ID no.: _____________, hereby acknowledge and confirm that I have willingly, in a sane state of mind and without coercion, issued my wife, _____________, one (1) Talaaq Baain (irrevocable divorce) on _____________ (Date).”

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

01/16/1445 AH – 08/03/2023 CE | AML1-8134

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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