Writing Is Not Required for Talaq

Question

Two men married off their daughters by way of exchange. After that, one of them kept his daughter sitting at his home and did not send her off with her husband. When this girl had spent a full year sitting in her father’s house, that young man (her husband) married a second time, and the girl remained sitting in her father’s house. Now the girl’s father said to the young man: “My daughter has been sitting at home for a full three years: either take her to your home, or else write a divorce deed.

Answer

According to the Shari‘a, on completing fifteen years a boy is deemed an adult, even if the signs of puberty have not appeared in him. So if this young man gives talaq to his wife, it will take effect and will be valid by the Shari‘a; but if any of his guardians (wali)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.