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Words of Divorce

Unread postPosted: Wed Jan 07, 2015 11:47 am
by Admin
The words of divorce must indicate an intention to dissolve the marriage. If they are express (Saheeh) e.g."Thou are divorced". "I have divorced thee" or "I divorce my wife for ever and render her haram for me". If clearly indicate an intention to marriage and no proof of intention is necessary. But if they are ambiguous (kinayat) e.g. "Thou are my consin, the daughter of my uncle, if thou goest"
pronouncement of the word "talak" in the absence of the wife or when such pronouncement comes to the knowledge of the wife, results in the dissolution of the marriage. The intention of the husband is inconsequential. If a man says to his wife that she has been divorced yesterday or earlier, it leads to a divorce between them, even if there be no proof of divorce on the previous day or earlier.
Shia Law:- A divorce must be pronounced orally in the presence of competent witnesses and a talak communicated in writing is not valid. unless husband is incapable of pronouncing it orally. Presence of witnesses is a condition precedent of a valid talaq according to Fiqah Jafria.When both the spouses are governed by the Shia Law, divorce must be pronounced by the husband orally and in the presence of two competent witness. Divorce communicated in writing is not valid under Shia law uncles husband was incapable of pronouncing it orally.where divorce was not pronounced in the presence of two witnesses, mere mention to two witnesses at the bottom of divorce deed could at the best be said to be the attesting witnesses of the deed itself but not of the actual pronouncement of Talaq.
under Hanafi Law a talak is valid whether oral or in writing.