Talaq in Writing in the Wife’s Presence

Question

Question: Zayd’s wife showed a writing, saying that her husband had given it to her and said: “Here, this is your divorce deed, and tomorrow I will settle your account in front of everyone.” In this writing it said: [ar]میں اپنی زوجہ ہندہ بنت فلاں کو طلاق بائن دیتا ہوں[/ar] “I give my wife Hinda, daughter of so-and-so, an irrevocable (ba’in) talaq” — without any force or coercion, in full possession of his senses; and he signed it and gave it. And two women were outside.

Answer

Writing (kitaba) is equivalent to speech (‘ibara) when there is need. If a person writes to someone absent, it is valid; or to someone present, but in a state in which he cannot speak — for example, if he is mute or his tongue is tied (mu‘taqal al-lisan) — then that too is valid. If he writes under coercion (mukrahan)

Source: Fatawa Mahmudiyya

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