written Divorce in my presence
Assalamualaikum respected mufti,
I have a question regarding written divorce in my presence…
My husband says he didn’t write anything which constitutes divorce .Paper is misplaced so don’t know the exact wording.What I remembered is tha
we were having an argument and he wrote
I his name…..divorce my wife(but I don’t remember if he wrote my name or just the word wife)in my presence.I was present in the house.
I read respected mufti Ebrahim Desai fatwa 11875 that written divorce doesn’t valid if written in wife’s presence.
Does my presence need to be at certain distance or my presence in the house while he was writing divorce is enough to nullifies divorce?
As I remembered that when he was writing that time I stood up and went to the washroom and when I came downstairs he was done writing on paper .
Plz I don’t want to disclose my name and place but need your urgent assistance in this matter.
I have approached mufti and he also passed the verdict that divorce doesn’t valid.
JazakAllah
Answer
Wa ʿAlaykumus Salām Wa Raḥmatullāhi Wa Barakātuh
Your ‘presence’ in this instance refers to you being in such a position whereby your husband had the ability to verbally communicate with you.
Furthermore, if you had already approached a Mufti and he had issued a verdict, then that will be in order.