Without Admission or Testimony, Writing Does Not Effect Talaq

Question

Question: The said Muhammad ‘Umar was married to Shakila of ‘Abd al-Sattar. The said Shakila lived at Muhammad ‘Umar’s home. Once she came to her father’s house, and ‘Abd al-Sattar held her back altogether and spread the story that Muhammad ‘Umar had sent a paper of talaq. A community council was held and everyone was called; Muhammad ‘Umar appeared, but ‘Abd al-Sattar did not. Muhammad ‘Umar said: “I have not sent any paper of talaq.

Answer

As long as Shakila’s husband Muhammad ‘Umar does not admit his writing, and there is no Shari‘a testimony to it, talaq will not take effect by this baseless statement of ‘Abd al-Sattar; the nikah will remain intact as before.

Source: Fatawa Mahmudiyya

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