If Talaq Letter Was Not Delivered, Did Talaq Occurred?

[irum]

Asalam o aliakum,

I want to ask about divorce issue.

My husband has first wife in pakistan. I am his second wife.

Last month he goes to lawyer, make a divorce paper on rs 50 stamppaper type document.

On that he clearly wrote he gives talaq 1 2 3 because of her bad behaves.

Then he signed that paper only in front of me saying that he is giving talaq talaq talaq to his wife Allah ko hazir nazir jaan kr. Then he signed two witness sign by himself and keep that document.

He did not send that to his wife neither he tell her.

I want to ask if divorce happened in this way?

I will eagerly wait for your reaponse pleaseee reply soon.

Thank you

[MuhammedAli]

Asalam o aliakum,

I want to ask about divorce issue.

My husband has first wife in pakistan. I am his second wife.

Last month he goes to lawyer, make a divorce paper on rs 50 stamppaper type document.

On that he clearly wrote he gives talaq 1 2 3 because of her bad behaves.

Then he signed that paper only in front of me saying that he is giving talaq talaq talaq to his wife Allah ko hazir nazir jaan kr. Then he signed two witness sign by himself and keep that document.

He did not send that to his wife neither he tell her.

I want to ask if divorce happened in this way?

I will eagerly wait for your reaponse pleaseee reply soon.

Thank you

Salam alayqum,

 

Meh Mufti nahin hoon in sha Allah Mufti Sahib fatwah denh gay un kay Fatway ka intizar keryeh ga.

 

Talaq ho gahi heh aur mard ka farz banta heh kay aurat ko ba-khabr keray kay ussay talaq dee ja chuki heh takay woh apni iddat puri keray aur shadi ker leh. Keun kay yeh teen talaq ek hee mehfil meh deeh gahi hen is leyeh rujooh kee gunjaish nahin. Allah subhanahu wa ta'ala nay Quran kee Surat Baqara, surat number 2 ayaat 228/229 meh teen talaq aur iddat ka hokam biyan farmaya heh aap ussay perh lenh.

 

-------------------------------

 

Because the man has given three talaqs in one sitting the Talaq is valid. The woman has been divorced with no possibility of retraction from divorce. Its important that the lady is informed about mans decision to divorce her. It would be better if the man himself informs her. If he refuses to do so then its responsibility of the witnesses and  those who are aware of events to inform the woman her her divorce. It is also recommended that the wife in UK does not take part in this, incase of reprecussions. Read Surah Baqarah verses 228/229 it explains the process of iddat (i.e. waiting for three months) and why its important and also explains three talaqs cannot be revoked.

Edited 18 فروری 2014 by MuhammedAli

[Kilk-e-Raza]

 

As brother said above.. Talaq is valid.. Here is the confirmation from Sadr al-Shariah Allama Mawlana Mufti Amjad Ali al-Aazmi (rehmatullah aleh)

http://dawateislami.net/books/bookslibrary.do#!section:onlineRead_709.2.118

 

(Bahar e Shariat Vol2, Page 114, line 3) Even if he didn't send the letter, talaq is occurred.

 

Also check bahar shariat. Talaq ka bayan

http://dawateislami.net/books/bookslibrary.do#!section:onlineRead_709.2.111

 

Problems are starting from page 110.

http://dawateislami.net/books/bookslibrary.do#!section:onlineRead_709.2.114

Edited 18 فروری 2014 by Kilk-e-Raza

[irum]

Thank you so much for both of you for quick response. Allah jazaye khair de ameen