Search In Fatwa

Typed his wife's divorce on the computer and she read it later

Question

After some social problems I sent my wife back to his parents and write divorce three times but before I post the papers my wife told that she is pragnent therefore I didn't send the papers. Even I don't sign the papers but I have typed it myself on computer. When she come back she read the papers. Is the divorce applicable or not although I didn't give the papers to her.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Writing the word divorce is among the metaphors of divorce, and divorce does not take place by writing it except if the husband has the intention of divorce as we clarified in Fataawa 89894 and 87034. Therefore, if you had written the word divorce while intending to initiate divorce just by writing it, then divorce took place. However, if you did not intend divorce by writing it, then divorce did not take place. Just signing the divorce paper is of no effect if the husband did not intend to initiate divorce.

As regards divorcing a pregnant woman, it is permissible and it is considered in conformity to the Sunnah, and if a husband initiates divorce [to his pregnant wife], divorce takes place.

With regard to repeating the word divorce three times, if you mean that you wrote that your wife is divorced three times, then divorce takes place three times according to the view of the majority of the jurists  may  Allaah  have  mercy  upon  them who are of the opinion that saying three divorces in one session takes place as three divorces. The same thing applies if you mean that you wrote to her “you are divorced” “you are divorced” “you are divorced” while intending to initiate a new divorce with each word, then divorce takes place three times. However, if you meant to confirm the first divorce with the second and third divorce, then divorce takes place once.

Nonetheless, some scholars  may  Allaah  have  mercy  upon  them are of the view that uttering divorce three times in one session is considered as one divorce in any case. Therefore, in our view, it is better to take the matter to an Islamic court.

Finally, it should be mentioned that it is necessary to seek to maintain the stability of marital life and stay away from reasons of dissension and not hasten to make divorce as a means of solving problems.

Allaah Knows best.

Related Fatwa