Talaq upon violating a written undertaking

Question

Zayd’s sunna marriage contract was concluded with Mumina Khatun. For a long time the two lived in harmony; after some time a disagreement arose between them, after which a community council was held and the following writing was drawn up: “This time the girl is being sent on the understanding that the girl should suffer no hardship, and live with her in harmony properly; if again there is a shortfall in fulfilling her rights, then, after shar‘i proof is obtained, this very writing, which is in the form of a…

Answer

If the husband, having heard and understood the said writing, put his thumbprint of his own free will, without compulsion or coercion (ikrah), then this writing is a valid written talaq. And if thereafter he has fallen short in fulfilling her rights, of which there is shar‘i proof, then by virtue of this writing one revocable (raj‘i) talaq has fallen upon his wife.

Source: Fatawa Mahmudiyya

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