The Legal Status of Written Divorce Without Intimation
Source: Fatāwā Muhammadiyyah, Volume 1, Page 851
Question:
I, Haji Ghulam Muhammad, son of Fatah Din, of the Khokhar tribe, resident of Gali Tawa Shah, Mohalla Churigarān, Sheikhupura, declare with full consciousness of Allah Almighty being All-Knowing and All-Aware that approximately 8 to 10 years ago, my son-in-law Muhammad Mushtaq, son of Muhammad Malik, from the Pathan tribe, wrote a written divorce (ṭalāq) to his wife Kishwar Sultana, daughter of Ghulam Muhammad. However, we were not informed of this at the time.
Approximately two years later, they reconciled. During this period, my daughter remained under my guardianship. After reconciliation, it was revealed that Muhammad Mushtaq had already issued a written divorce two years prior.
Now again, for the past two and a half years, he has expelled his wife from the home and taken all his belongings. At the time of leaving, in the presence of several witnesses, he said:
"I have divorced my wife, Kishwar Sultana."
These witnesses are still present and affirm that Muhammad Mushtaq uttered these words of divorce in front of them two and a half years ago.
This is the current situation. Kindly clarify in light of the Qur’an and Sunnah whether this divorce is legally effective in Sharīʿah or not. Please issue a Sharʿī ruling (fatwā).
Questioner:
Haji Ghulam Muhammad, son of Fatah Din, Khokhar Tribe, Gali Tawa Shah, Mohalla Churigarān, Sheikhupura
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Assuming the veracity of the question, if indeed Muhammad Mushtaq, son of Muhammad Malik Pathan, wrote a divorce to his wife Kishwar Sultana, daughter of Ghulam Muhammad, and did not revoke it during the waiting period (ʿiddah), then according to Islamic law, the divorce became effective, and Kishwar Sultana was released from the bond of marriage.
Therefore, the reconciliation that occurred two years later was invalid in Sharīʿah and sinful. Any marital life between them after that point is considered forbidden and sinful.
This is because a divorce, whether verbal or written, becomes effective in Sharīʿah regardless of whether the wife is informed or not.
عَنْ أَبِي هُرَيْرَةَ رضى الله عنه عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ:
**"إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ."**
قَالَ قَتَادَةُ:
"إِذَا طَلَّقَ فِي نَفْسِهِ فَلَيْسَ بِشَىْءٍ."
Ṣaḥīḥ al-Bukhārī, Book of Divorce, Volume 2, Pages 793–794
Translation:
Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
“Allah has pardoned my Ummah for what they whisper within themselves, as long as they do not act upon it or speak it.”
Qatādah رحمه الله commented:
“If one intends divorce in his heart, it has no effect unless he utters it.”
عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم:
"إِنَّ اللَّهَ تَجَاوَزَ لأُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا مَا لَمْ يَتَكَلَّمُوا أَوْ يَعْمَلُوا بِهِ."
Ṣaḥīḥ Muslim, Book of Inner Thoughts, Vol. 1, Pages 77–78
Translation:
The same meaning is reiterated—that only verbal or enacted divorce counts in Sharīʿah, not mere thoughts.
These narrations confirm that just as verbal divorce is valid, so too is written divorce, and this is a matter of consensus among the scholars (ijmāʿ).
"وَاسْتُدِلَّ بِهِ عَلَى أَنَّ مَنْ كَتَبَ الطَّلَاقَ طَلُقَتِ امْرَأَتُهُ لِأَنَّهُ عَزَمَ بِقَلْبِهِ وَعَمِلَ بِكِتَابَتِهِ، وَهُوَ قَوْلُ الْجُمْهُورِ، وَشَرْطُ مَالِكٍ فِيهِ الْإِشْهَادُ عَلَى ذَلِك."
Fatḥ al-Bārī, Vol. 9, Page 316; Also in Fatāwā Nadhīriyyah, Vol. 3, Page 78
Explanation:
This narration is used as evidence that if someone writes a divorce, it becomes effective, as he has both intended it in his heart and acted upon it through writing. This is the position of the majority of scholars.
"والكتابة يقع بها الطلاق، ولو كان الكاتب قادرا على النطق، فكما أن للزوج أن يطلق زوجته باللفظ، فله أن يكتب إليها الطلاق."
Fiqh al-Sunnah, Vol. 2, Page 219
Translation:
Divorce also becomes effective through writing, even if the husband is capable of speech. Just as he can pronounce divorce verbally, he can also write it.
"وقوعِ طلاق کے لئے طلاق نامہ کا عورت تک پہنچنا شرط نہیں، صرف لکھنے سے ہی طلاق واقع ہو جاتی ہے۔"
Fatāwā Aḥsan al-Fatāwā, Page 440, Karachi Edition
Translation:
It is not a condition for the divorce document to reach the wife for divorce to occur; writing it is sufficient for its legal effect.
From the above authentic aḥādīth and statements of the fuqahā’, it is clearly proven that the divorce to Kishwar Sultana became effective the moment Muhammad Mushtaq wrote it.
The ʿiddah (waiting period) after divorce is:
Since reconciliation occurred two years later—well after the end of ʿiddah—the original marriage had already legally ended.
Hence, the so-called reconciliation was not a valid revocation (rajʿah) but an illicit relationship, because there was no renewal of nikāḥ.
Therefore, any conjugal relationship after the expiry of ʿiddah without a new nikāḥ was entirely unlawful and sinful.
Furthermore, the woman does not need a new divorce now, because the marriage had already ended with the initial written divorce.
Note: This fatwā is issued based on the assumption that the question is true. If there is any falsehood or misrepresentation in the query, the responsibility lies solely on the questioner. The muftī holds no legal liability in such a case.
وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
And Allah knows best what is correct.
Source: Fatāwā Muhammadiyyah, Volume 1, Page 851 Question:I, Haji Ghulam Muhammad, son of Fatah Din, of the Khokhar tribe, resident of Gali Tawa Shah, Mohalla Churigarān, Sheikhupura, declare with full consciousness of Allah Almighty being All-Knowing and All-Aware that approximately 8 to 10 years ago, my son-in-law Muhammad Mushtaq, son of Muhammad Malik, from the Pathan tribe, wrote a written divorce (ṭalāq) to his wife Kishwar Sultana, daughter of Ghulam Muhammad. However, we were not informed of this at the time.
Approximately two years later, they reconciled. During this period, my daughter remained under my guardianship. After reconciliation, it was revealed that Muhammad Mushtaq had already issued a written divorce two years prior.
Now again, for the past two and a half years, he has expelled his wife from the home and taken all his belongings. At the time of leaving, in the presence of several witnesses, he said:
"I have divorced my wife, Kishwar Sultana."
These witnesses are still present and affirm that Muhammad Mushtaq uttered these words of divorce in front of them two and a half years ago.
This is the current situation. Kindly clarify in light of the Qur’an and Sunnah whether this divorce is legally effective in Sharīʿah or not. Please issue a Sharʿī ruling (fatwā).
Questioner:
Haji Ghulam Muhammad, son of Fatah Din, Khokhar Tribe, Gali Tawa Shah, Mohalla Churigarān, Sheikhupura
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
Assuming the veracity of the question, if indeed Muhammad Mushtaq, son of Muhammad Malik Pathan, wrote a divorce to his wife Kishwar Sultana, daughter of Ghulam Muhammad, and did not revoke it during the waiting period (ʿiddah), then according to Islamic law, the divorce became effective, and Kishwar Sultana was released from the bond of marriage.
Therefore, the reconciliation that occurred two years later was invalid in Sharīʿah and sinful. Any marital life between them after that point is considered forbidden and sinful.
This is because a divorce, whether verbal or written, becomes effective in Sharīʿah regardless of whether the wife is informed or not.
Proofs from Authentic Aḥādīth
① Ḥadīth of Abū Hurayrah رضي الله عنه:
عَنْ أَبِي هُرَيْرَةَ رضى الله عنه عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ:
**"إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ."**
قَالَ قَتَادَةُ:
"إِذَا طَلَّقَ فِي نَفْسِهِ فَلَيْسَ بِشَىْءٍ."
Ṣaḥīḥ al-Bukhārī, Book of Divorce, Volume 2, Pages 793–794Translation:
Abū Hurayrah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
“Allah has pardoned my Ummah for what they whisper within themselves, as long as they do not act upon it or speak it.”
Qatādah رحمه الله commented:
“If one intends divorce in his heart, it has no effect unless he utters it.”
② Ḥadīth from Ṣaḥīḥ Muslim:
عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم:
"إِنَّ اللَّهَ تَجَاوَزَ لأُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا مَا لَمْ يَتَكَلَّمُوا أَوْ يَعْمَلُوا بِهِ."
Ṣaḥīḥ Muslim, Book of Inner Thoughts, Vol. 1, Pages 77–78Translation:
The same meaning is reiterated—that only verbal or enacted divorce counts in Sharīʿah, not mere thoughts.
These narrations confirm that just as verbal divorce is valid, so too is written divorce, and this is a matter of consensus among the scholars (ijmāʿ).
Statements of Scholars and Jurists
Ḥāfiẓ Ibn Ḥajar رحمه الله said:
"وَاسْتُدِلَّ بِهِ عَلَى أَنَّ مَنْ كَتَبَ الطَّلَاقَ طَلُقَتِ امْرَأَتُهُ لِأَنَّهُ عَزَمَ بِقَلْبِهِ وَعَمِلَ بِكِتَابَتِهِ، وَهُوَ قَوْلُ الْجُمْهُورِ، وَشَرْطُ مَالِكٍ فِيهِ الْإِشْهَادُ عَلَى ذَلِك."
Fatḥ al-Bārī, Vol. 9, Page 316; Also in Fatāwā Nadhīriyyah, Vol. 3, Page 78Explanation:
This narration is used as evidence that if someone writes a divorce, it becomes effective, as he has both intended it in his heart and acted upon it through writing. This is the position of the majority of scholars.
Shaykh Muḥammad Sābiq al-Miṣrī رحمه الله stated:
"والكتابة يقع بها الطلاق، ولو كان الكاتب قادرا على النطق، فكما أن للزوج أن يطلق زوجته باللفظ، فله أن يكتب إليها الطلاق."
Fiqh al-Sunnah, Vol. 2, Page 219Translation:
Divorce also becomes effective through writing, even if the husband is capable of speech. Just as he can pronounce divorce verbally, he can also write it.
Muftī Rashīd Aḥmad Ludhiyānwī رحمه الله declared:
"وقوعِ طلاق کے لئے طلاق نامہ کا عورت تک پہنچنا شرط نہیں، صرف لکھنے سے ہی طلاق واقع ہو جاتی ہے۔"
Fatāwā Aḥsan al-Fatāwā, Page 440, Karachi EditionTranslation:
It is not a condition for the divorce document to reach the wife for divorce to occur; writing it is sufficient for its legal effect.
Sharʿī Conclusion and Ruling
From the above authentic aḥādīth and statements of the fuqahā’, it is clearly proven that the divorce to Kishwar Sultana became effective the moment Muhammad Mushtaq wrote it.
The ʿiddah (waiting period) after divorce is:
- Three menstrual cycles,
- Or three lunar months for non-menstruating women,
- Or until delivery if she is pregnant.
Since reconciliation occurred two years later—well after the end of ʿiddah—the original marriage had already legally ended.
Hence, the so-called reconciliation was not a valid revocation (rajʿah) but an illicit relationship, because there was no renewal of nikāḥ.
Therefore, any conjugal relationship after the expiry of ʿiddah without a new nikāḥ was entirely unlawful and sinful.
Furthermore, the woman does not need a new divorce now, because the marriage had already ended with the initial written divorce.
Note: This fatwā is issued based on the assumption that the question is true. If there is any falsehood or misrepresentation in the query, the responsibility lies solely on the questioner. The muftī holds no legal liability in such a case.وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
And Allah knows best what is correct.
