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Fatwa CenterLegal Effect of Verbal and Written Divorce and the Importance of Seeking Reconciliation
Question
Assalamuaikum am seperated from my husband for more than ten years because of physical abuse but he did not gave me my talaq is it ok if he write it in a letter will it count is one talaq enough to dissolve the nikkah please advise
Answer
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.
Divorce takes effect when the husband pronounces it verbally, such as saying to his wife, for example, “You are divorced,” or if he writes it intending thereby to issue a divorce. Writing divorce is considered one of its indirect and allusive forms (kinayah), and divorce takes effect through it when accompanied by intention.
A single pronouncement of divorce is sufficient to terminate the marital bond once the wife’s waiting period (ʿiddah) has ended in the case of a revocable divorce, or if the divorce was irrevocable. However, a woman who has been given an irrevocable divorce is not permitted to marry someone other than the one who divorced her until her waiting period has concluded.
Lastly, it is advisable not to resort to divorce, as its benefit may not outweigh its harm. What is preferable is to strive for reconciliation as much as possible, especially if you have been blessed with children. You should establish principles that help maintain family stability and continuity in married life, by ensuring mutual respect between you and that each of you recognizes and fulfills the rights of the other in the best manner.
Allah Knows best
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