Pronouncing Divorce When Alone

QA-ID-0056

QUESTION

For a divorce – does the individual need to pronounce it to a second person for it to be valid? What if he pronounces it verbally with no one present?

ANSWER

For divorce (talāq) to take effect, it does not need to be communicated directly to another person. Whether spoken or written, divorce occurs even if not expressed in the presence of anyone else or the spouse.

However, for divorce to be valid, it must be attributed to the wife. Without this attribution, the term “divorce” (or “talāq”) holds no significance. Attribution can be conveyed through words, intention, or context, such as saying, “I have given you divorce” or “I divorce [wife’s name].”

والله تعالى أعلم
And Allāh Knows Best

Muhammad Kalim Misbahi

Muhammad Kalim Misbahi
Muhammad Kalim Misbahi

Muhammad Kalim, the founder of Fawatih, has pursued over a decade of traditional Islamic education, eventually specialising in Hanafi fiqh (jurisprudence).

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