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Fatwa CenterThis is a divorce and not a Khul’
Question
All Perfecct Praise be to Allaah, The Lord of the Worlds, I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger ! Due to some dispute with my Father-In-Law, He force me to come and settle down at their home, I am not willing to go with it. At last he took my wife with him. I told her to stay we will continue our life but she refused and went with her father. Its almost 8 month’s duration there is no communication between us. So we have approached our Local Jamath for solution, Jamath approached them and come with the reply like , they have told that they will be close this issue with in a day. The day comes and decided with Talaq. All the settlement written in a piece of paper by local Jamath and we both signed with Withness of our parent. Then they request for Talaq Letter from us. I have waited for 10 day’s with the Intension of my wife will contact me and come back so that I can reconsider her before Talaq, unfortunately It was not happen. Hence we have approached to Jamath to Issue Talaq Letter for them. As per Jamath Instruction they have typed “ Talaq Nama ” and ask me to sign and 2 witness also signed and further the Letter sent through Courier to my wife. 1) I would like to know the wheather “ Talaq Nama ” with I have give to my wife is Valid as Irrecoverable Divorce between US ? or 2) Is it consider as Single Talaq ? because I didn’t utter the word still the letter typed by some one and it is Attested by me ! in other way will it be considered as only one time ? 3) Is this is a Khula ? am totally confused. Please guide us in this Manner, Allaah knows best !
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 
is His slave and Messenger.
Your father-in-law (father of your wife) is not permitted to oblige you to dwell with them in their house; he is also not permitted to prevent your wife from returning to your home if he has no sound reason for doing so. Moreover, if your wife has no sound reason for refusing to come with you, then she is disobedient and rebellious.
As regards writing the word divorce, it is one of the metaphors of divorce and divorce does not take place (by writing it) except with intention as we clarified in Fataawa 89894 and 87034. Also, for more benefit on the ruling of signing on divorce papers, please refer to Fatwa 90056.
Therefore, if you had intended to divorce your wife with that paper, then one revocable divorce took place, if this is the first or second divorce. However, if it is the third divorce, then your wife is divorced a major irrevocable divorce (and she becomes unlawful for you until she marries another man a genuine marriage and he later dies or divorces her). This is not considered Khul’, because Khul’ is a divorce in return for compensation that a wife pays to her husband in return for him divorcing her. If nothing of this took place, then this is not Khul’.
Finally, it should be noted that it is necessary for the spouses to be keen on achieving the stability of marital life and the family of the wife should be a factor that helps this stability and not be a cause for the break up of the family.
Allaah Knows best.
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