Talaq by Means of Writing

Question

Her husband sent a letter in a sealed envelope and himself admitted with his own tongue that he had sent this letter. But when a claim for the mahr was brought on this basis, he denied the letter in court. A copy of the letter together with the answer of the Madrasa Darul Uloom Deoband is attached to this question. Kindly inform us of the correct answer. That is all. Wa-s-salam. Sent by Babar (?) of Jagadhri.

Answer

If the husband admits this writing, or there are at least two upright (‘adl) witnesses that this writing is his, or there are witnesses that he admitted this writing, then talaq has taken effect upon the woman. If none of these is the case, then judicially (qada'an) talaq will not take effect.

Source: Fatawa Mahmudiyya

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