Islam never takes marriage and divorce lightly. The words of divorce are serious and one should say them with the full understanding of the consequences. One should not say or write even in one’s private notes that he has divorced his wife.
Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states: “If he wrote and signed the paper of divorce with the clear intention that he was divorcing his wife at that time, then the divorce has taken place whether he gave that paper to his wife or not. If he changed his mind then he should revoke his divorce by words or by resuming matrimonial relations with his wife within the `iddah (waiting) period.
However, if he was only preparing the paper of divorce and his intention was to divorce his wife later when he will give her the paper, then the divorce has not taken place. The divorce takes place with the intention of the husband and with the words of divorce. It is not necessary for the divorce to be communicated directly to the wife in order to become effective. It can be done through a third party. One should not say or write even in one’s private notes that he has divorced his wife.
These words are serious, and one should say them with the full understanding of the consequences.”
Validity of Inaudible and Not Witnessed Divorce
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