(Source: Fatawa Muhammadiyyah, Vol. 1, p. 792)
Mr. Ghulam Muhammad, son of Mehr Din (by caste Mew), resident of Village Haft Madar, Tehsil Nankana, District Sheikhupura, submitted the following query:
My daughter Mukhtar Bibi was married about one year and nine months ago to Muhammad Aslam, son of Hamar Din (by caste Mew), resident of Naya Pind, Tehsil Sheikhupura.
After marriage, my daughter lived with her husband for one month and fulfilled her marital duties. However, due to the husband’s immoral and quarrelsome behavior, frequent disputes arose between them. Eventually, Muhammad Aslam beat her severely and left her at her parents’ home.
Later, about one year and seven months ago, in the presence of witnesses, Muhammad Aslam verbally pronounced “Talaq, Talaq, Talaq” three times, declaring separation. Despite efforts for reconciliation, he refused to take her back.
I seek a Shariah ruling:
Does the verbal declaration “Talaq, Talaq, Talaq” three times constitute a valid divorce according to the Qur’an and Sunnah?
Note: The questioner is fully responsible for the truth of the provided information.
Witnesses:
Alhamdulillah, and peace and blessings be upon the Messenger of Allah.
If the question and details are accurate, then the matter is clear:
Since the early days of Islam, verbal divorce (ṭalāq lafẓī) has been recognized and practiced.
Just as Nikah (marriage) is conducted through verbal offer and acceptance in the presence of witnesses, similarly, verbal divorce pronounced in front of witnesses is undoubtedly valid and takes effect immediately.
Although there is some discussion regarding written divorce, the majority of scholars (jumhūr ‘ulamāʾ) agree that both written and verbal divorces are valid and enforceable in Shariah.
Hadith:
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّم قَالَ:
«إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ»
قَالَ قَتَادَةُ: «إِذَا طَلَّقَ فِي نَفْسِهِ فَلَيْسَ بِشَيْءٍ».
(Sahih al-Bukhari, Kitab al-Talaq, Vol. 9, pp. 340–345)
Translation:
The Prophet ﷺ said:
“Allah has pardoned my Ummah for what they think within themselves, so long as they neither act upon it nor speak it.”
Explanation:
The phrase "أو تتكلم" — “or speaks it” — indicates that when a person utters the words of divorce verbally, the divorce becomes effective.
Imam al-Tirmidhi said:
“The scholars are unanimously agreed that if a man merely thinks about divorce in his heart, no divorce occurs until he speaks it aloud.”
(Tirmidhi with Tuhfat al-Ahwazi, Vol. 9, p. 215)
Imam al-Shawkani wrote:
“If a person writes a divorce without uttering it verbally, the divorce does not take effect, because Allah has forgiven the inner thoughts of people.”
(Nayl al-Awtar, Vol. 6, p. 245)
Thus, verbal pronouncement is essential for a valid divorce.
The same hadith also contains the phrase "ما لم تعمل" — “so long as he does not act upon it.”
This implies that writing the words of divorce, being a deliberate act, also constitutes a valid form of divorce.
Imam Ibn Hajar al-‘Asqalani wrote:
“This hadith proves that if a man writes a divorce for his wife, it is valid because he has both intended it in his heart and acted upon it through writing — and this is the view of the majority of scholars.”
(Fath al-Bari, Vol. 9, p. 345)
Imam Malik, however, added the condition that witnesses should be present for the written divorce.
(Tuhfat al-Ahwazi, Vol. 2, p. 315)
1. Fatawa Nazeeriyyah:
“It is clear that when a husband divorces his wife according to Shariah — whether verbally or in writing — the divorce takes effect, regardless of the wife’s acceptance.”
(Fatawa Nazeeriyyah, Vol. 3, p. 73)
2. Fatawa Darul Uloom Deoband:
“Verbal divorce is Islamically valid and effective.”
(Fatawa Darul Uloom Deoband, Vol. 2, p. 658)
Based on the above authentic hadiths, opinions of classical scholars, and juristic consensus:
This fatwa is issued based on the accuracy of the information provided, and the Mufti bears no legal liability for any procedural discrepancies.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
(This is what appears correct to me; and Allah knows best.)
❖ Question:
Mr. Ghulam Muhammad, son of Mehr Din (by caste Mew), resident of Village Haft Madar, Tehsil Nankana, District Sheikhupura, submitted the following query:
My daughter Mukhtar Bibi was married about one year and nine months ago to Muhammad Aslam, son of Hamar Din (by caste Mew), resident of Naya Pind, Tehsil Sheikhupura.
After marriage, my daughter lived with her husband for one month and fulfilled her marital duties. However, due to the husband’s immoral and quarrelsome behavior, frequent disputes arose between them. Eventually, Muhammad Aslam beat her severely and left her at her parents’ home.
Later, about one year and seven months ago, in the presence of witnesses, Muhammad Aslam verbally pronounced “Talaq, Talaq, Talaq” three times, declaring separation. Despite efforts for reconciliation, he refused to take her back.
I seek a Shariah ruling:
Does the verbal declaration “Talaq, Talaq, Talaq” three times constitute a valid divorce according to the Qur’an and Sunnah?
Note: The questioner is fully responsible for the truth of the provided information.
Witnesses:
- Abdul Hameed, son of Abdul Majeed (Rajput), Village Haft Madar, Tehsil Nankana, District Sheikhupura.
- Rana Wali Muhammad, son of Ghulam Haider (Rajput), Village Haft Madar, Tehsil Nankana, District Sheikhupura.
- Verified through Qazi Ihsan-ul-Haq, Chak No. 240 G.B., Jaranwala.
❖ Answer:
Alhamdulillah, and peace and blessings be upon the Messenger of Allah.
If the question and details are accurate, then the matter is clear:
Since the early days of Islam, verbal divorce (ṭalāq lafẓī) has been recognized and practiced.
Just as Nikah (marriage) is conducted through verbal offer and acceptance in the presence of witnesses, similarly, verbal divorce pronounced in front of witnesses is undoubtedly valid and takes effect immediately.
Although there is some discussion regarding written divorce, the majority of scholars (jumhūr ‘ulamāʾ) agree that both written and verbal divorces are valid and enforceable in Shariah.
✿ Evidence for Verbal Divorce:
Hadith:
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّم قَالَ:
«إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ»
قَالَ قَتَادَةُ: «إِذَا طَلَّقَ فِي نَفْسِهِ فَلَيْسَ بِشَيْءٍ».
(Sahih al-Bukhari, Kitab al-Talaq, Vol. 9, pp. 340–345)
Translation:
The Prophet ﷺ said:
“Allah has pardoned my Ummah for what they think within themselves, so long as they neither act upon it nor speak it.”
Explanation:
The phrase "أو تتكلم" — “or speaks it” — indicates that when a person utters the words of divorce verbally, the divorce becomes effective.
Imam al-Tirmidhi said:
“The scholars are unanimously agreed that if a man merely thinks about divorce in his heart, no divorce occurs until he speaks it aloud.”
(Tirmidhi with Tuhfat al-Ahwazi, Vol. 9, p. 215)
Imam al-Shawkani wrote:
“If a person writes a divorce without uttering it verbally, the divorce does not take effect, because Allah has forgiven the inner thoughts of people.”
(Nayl al-Awtar, Vol. 6, p. 245)
Thus, verbal pronouncement is essential for a valid divorce.
✿ Evidence for Written Divorce:
The same hadith also contains the phrase "ما لم تعمل" — “so long as he does not act upon it.”
This implies that writing the words of divorce, being a deliberate act, also constitutes a valid form of divorce.
Imam Ibn Hajar al-‘Asqalani wrote:
“This hadith proves that if a man writes a divorce for his wife, it is valid because he has both intended it in his heart and acted upon it through writing — and this is the view of the majority of scholars.”
(Fath al-Bari, Vol. 9, p. 345)
Imam Malik, however, added the condition that witnesses should be present for the written divorce.
(Tuhfat al-Ahwazi, Vol. 2, p. 315)
✿ Statements of Classical Scholars:
1. Fatawa Nazeeriyyah:
“It is clear that when a husband divorces his wife according to Shariah — whether verbally or in writing — the divorce takes effect, regardless of the wife’s acceptance.”
(Fatawa Nazeeriyyah, Vol. 3, p. 73)
2. Fatawa Darul Uloom Deoband:
“Verbal divorce is Islamically valid and effective.”
(Fatawa Darul Uloom Deoband, Vol. 2, p. 658)
❖ Conclusion and Legal Ruling:
Based on the above authentic hadiths, opinions of classical scholars, and juristic consensus:
- Mukhtar Bibi, daughter of Ghulam Muhammad, has indeed been divorced by her husband Muhammad Aslam, since he verbally pronounced three divorces in front of witnesses.
- As the incident occurred one year and seven months ago, her ‘iddah (waiting period) has long since ended.
- Therefore, their marriage is fully terminated.
- Mukhtar Bibi is now Islamically free to make her own decision regarding remarriage.
This fatwa is issued based on the accuracy of the information provided, and the Mufti bears no legal liability for any procedural discrepancies.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
(This is what appears correct to me; and Allah knows best.)
