Divorcing wife by written statement and no witnesses

26/05/2010| IslamWeb

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.

 

Fatwa answered by:The Fatwa Center at Islamweb