(Source: Fatawa Muhammadiyyah, Vol. 1, p. 789)
Mr. Falak Sher, son of Muhammad Hanif (by caste Kharl), resident of Malka Haji, Tehsil Nankana, District Sheikhupura, on April 2, 1992, divorced his legally wedded wife Maqbool Begum, daughter of Ata Muhammad (Kharl, resident of Malka Haji), by saying the words:
“Talaq, Talaq, Talaq.”
Afterward, he entrusted their children to their mother (Maqbool Begum) for upbringing.
The question is:
Has Maqbool Begum been divorced according to Shariah, or not?
Kindly issue a Shar‘i (Islamic legal) verdict regarding this matter.
Alhamdulillah, and peace and blessings be upon the Messenger of Allah.
If the question is correct as stated, then according to all major Islamic schools of thought, divorce has indeed taken place.
There is complete agreement among scholars and jurists of all sects — including Ahl al-Sunnah, Barelvi, Deobandi, and Ahl al-Hadith — that:
✿ Whenever divorce is given in accordance with Shariah,
✿ Whether it is written or verbal,
✿ Whether the wife has received it or not,
✿ Whether she acknowledges it or not,
→ In every case, the divorce becomes effective.
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ:
«إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ.»
(Sahih al-Bukhari, Kitab at-Talaq, Hadith 793–794)
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ:
«إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ يَتَكَلَّمُوا أَوْ يَعْمَلُوا بِهِ.»
(Sahih Muslim, Kitab al-Iman, Vol. 1, p. 78)
The meaning of these two authentic narrations is:
“Allah has forgiven my Ummah for whatever thoughts occur in their hearts, as long as they do not speak of them or act upon them.”
From the phrase “مَا لَمْ يَعْمَلُوا” (“until they act upon it”) in one narration, it is clear that if a man writes the divorce, it becomes effective — because writing is a form of action.
Similarly, from the words “مَا لَمْ يَتَكَلَّمُوا” (“until they speak it”), it is evident that verbal pronouncement of divorce is unquestionably valid and binding.
The great scholar, Shaykh al-Islam Ibn Hajar al-‘Asqalani, while commenting on this hadith in Fath al-Bari, writes:
“This hadith proves that divorce by writing is effective, because the husband has resolved it in his heart and acted upon it through writing — and this is the opinion of the majority of scholars.”
(Fath al-Bari, Vol. 9, p. 324 / 375; Tuhfat al-Ahwadhi, Vol. 2, p. 215; Nayl al-Awtar, Vol. 6, p. 276)
From these sound, connected, and authentic hadiths, it is as clear as daylight that divorce — whether written or spoken — takes effect.
No recognized scholar or school of thought differs on this matter.
The renowned Egyptian scholar ‘Allamah Sayyid Muhammad Sabiq (رحمه الله) writes:
“Divorce becomes effective by any expression indicating the termination of the marital bond — whether by speech, by writing to the wife, by gesture from a mute person, or through a messenger.
Imam al-Shafi‘i said: The explicit words of divorce are three: ‘Talaq,’ ‘Firaq,’ and ‘Siraah,’ all of which are mentioned in the Noble Qur’an.”
(Fiqh as-Sunnah, Vol. 2, pp. 216–217, Cairo edition)
Translation:
Divorce occurs through anything that clearly indicates the ending of marriage, whether:
◈ Spoken words,
◈ Written statement addressed to the wife,
◈ Sign language by a mute husband, or
◈ Conveyance through a messenger —
In all these cases, divorce is valid and effective.
Hence, it is conclusively proven that divorce — whether written or verbal — does occur.
Therefore, in the case mentioned:
✦ Written or verbal divorce, when clearly expressed, is valid and binding.
✦ In this case, the divorce of Maqbool Begum has indeed taken place.
✦ After the completion of her waiting period, the marital relationship ceases according to Islamic law.
This ruling is based on the condition that the question is accurate as presented.
هٰذَا مَا عِندِي، وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
(This is what appears to be correct to me; and Allah knows best.)
❖ Question:
Mr. Falak Sher, son of Muhammad Hanif (by caste Kharl), resident of Malka Haji, Tehsil Nankana, District Sheikhupura, on April 2, 1992, divorced his legally wedded wife Maqbool Begum, daughter of Ata Muhammad (Kharl, resident of Malka Haji), by saying the words:
“Talaq, Talaq, Talaq.”
Afterward, he entrusted their children to their mother (Maqbool Begum) for upbringing.
The question is:
Has Maqbool Begum been divorced according to Shariah, or not?
Kindly issue a Shar‘i (Islamic legal) verdict regarding this matter.
❖ Answer:
Alhamdulillah, and peace and blessings be upon the Messenger of Allah.
If the question is correct as stated, then according to all major Islamic schools of thought, divorce has indeed taken place.
There is complete agreement among scholars and jurists of all sects — including Ahl al-Sunnah, Barelvi, Deobandi, and Ahl al-Hadith — that:
✿ Whenever divorce is given in accordance with Shariah,
✿ Whether it is written or verbal,
✿ Whether the wife has received it or not,
✿ Whether she acknowledges it or not,
→ In every case, the divorce becomes effective.
✿ Evidence from Authentic Hadith
① Hadith of Abu Hurayrah (رضي الله عنه)
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ:
«إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ.»
(Sahih al-Bukhari, Kitab at-Talaq, Hadith 793–794)
② Another Version (in Sahih Muslim)
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ:
«إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ يَتَكَلَّمُوا أَوْ يَعْمَلُوا بِهِ.»
(Sahih Muslim, Kitab al-Iman, Vol. 1, p. 78)
✿ Meaning of the Hadiths
The meaning of these two authentic narrations is:
“Allah has forgiven my Ummah for whatever thoughts occur in their hearts, as long as they do not speak of them or act upon them.”
✿ Inference (Istidlāl):
From the phrase “مَا لَمْ يَعْمَلُوا” (“until they act upon it”) in one narration, it is clear that if a man writes the divorce, it becomes effective — because writing is a form of action.
Similarly, from the words “مَا لَمْ يَتَكَلَّمُوا” (“until they speak it”), it is evident that verbal pronouncement of divorce is unquestionably valid and binding.
✿ Explanation by Imam Ibn Hajar al-‘Asqalani (رحمه الله)
The great scholar, Shaykh al-Islam Ibn Hajar al-‘Asqalani, while commenting on this hadith in Fath al-Bari, writes:
“This hadith proves that divorce by writing is effective, because the husband has resolved it in his heart and acted upon it through writing — and this is the opinion of the majority of scholars.”
(Fath al-Bari, Vol. 9, p. 324 / 375; Tuhfat al-Ahwadhi, Vol. 2, p. 215; Nayl al-Awtar, Vol. 6, p. 276)
✿ Consensus of the Scholars (Ijma‘ of the Ummah)
From these sound, connected, and authentic hadiths, it is as clear as daylight that divorce — whether written or spoken — takes effect.
No recognized scholar or school of thought differs on this matter.
✿ Statement of Scholars
The renowned Egyptian scholar ‘Allamah Sayyid Muhammad Sabiq (رحمه الله) writes:
“Divorce becomes effective by any expression indicating the termination of the marital bond — whether by speech, by writing to the wife, by gesture from a mute person, or through a messenger.
Imam al-Shafi‘i said: The explicit words of divorce are three: ‘Talaq,’ ‘Firaq,’ and ‘Siraah,’ all of which are mentioned in the Noble Qur’an.”
(Fiqh as-Sunnah, Vol. 2, pp. 216–217, Cairo edition)
Translation:
Divorce occurs through anything that clearly indicates the ending of marriage, whether:
◈ Spoken words,
◈ Written statement addressed to the wife,
◈ Sign language by a mute husband, or
◈ Conveyance through a messenger —
In all these cases, divorce is valid and effective.
✿ Final Shar‘i Verdict
Hence, it is conclusively proven that divorce — whether written or verbal — does occur.
Therefore, in the case mentioned:
- The divorce has taken effect by unanimous scholarly agreement.
- If the ‘iddah (waiting period) has passed, the marriage bond is terminated.
- The fatwa is issued based on the truthfulness of the information provided, and the Mufti shall not be responsible for any legal or procedural shortcomings.
Conclusion:
✦ Written or verbal divorce, when clearly expressed, is valid and binding.
✦ In this case, the divorce of Maqbool Begum has indeed taken place.
✦ After the completion of her waiting period, the marital relationship ceases according to Islamic law.
This ruling is based on the condition that the question is accurate as presented.
هٰذَا مَا عِندِي، وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
(This is what appears to be correct to me; and Allah knows best.)
