A Case of Written Talaq

Question

Question: What do the scholars of the firm religion say about a talaq that was given in the following manner by means of a letter dated 1 August 1938? Copy of the letter: “To So-and-so, daughter of So-and-so. There is no accusation against you. Since I have come to the conclusion that I cannot keep you happy, therefore I give you talaq by means of this writing (مَیں تمہیں بذریعہ اس تحریر کے طلاق دیتا ہوں). You and your father have agreed that the right to the mahr has been left in my favour.

Answer

These words of the husband, “I give you talaq by means of this writing,” apparently entail talaq, and it is evident that they are used for the present, because the relinquishment of the mahr is mentioned in the past tense. So if he intended the present, the talaq has taken effect.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.