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Stats: 17,469 members, 69,331 Topics, 15,454 Comments. Date: Jun 18 2019, 3:40 pm

Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question:

Is it acceptable in Islam, when husband
divorcing his wife by just writing a statement
of divorce without witness? Would not be
necessary to have two witnesses when
husband divorcing wife?

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His slave and Messenger.

Writing the word divorce is one of the
metaphors of divorce, so divorce does not
take effect [by writing it] unless it is
accompanied by intention according to the
view of most preponderant opinion of
scholars, may Allah have mercy on them. If
someone writes the word divorce while
uttering it, then it takes effect.
As regards having witnesses in divorce, this is
not a condition for its validity, as divorce is
in the hands of the husband and whenever
he initiates it, it takes effect. However,
having witnesses is something desirable as
Allah says (what means): {And bring to
witness two just men from among you…}
[Quran 65:2]

Finally, it should be noted that one should
not hasten to pronounce the word of
divorce; rather one should try other
alternatives for reconciliation, unless divorce
is the last resort to put an end to the
disputes between the two spouses. Divorce
always has unpleasant consequences as it
leads to the breaking up of the family and
losing the children and so forth.

Allah Knows best.

www.islamweb.net/en/article/145231/divorcing-wife-by-written-statement-and-no-witnesses

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