QUESTION:
1. If a husband issues a summons for a decree of divorce, would that constitute a Talaaq?
2. If a husband sent a WhatsApp message with a Talaaq, but then states he did not mean it and returns home, would that constitute an effective Talaaq?
ANSWER:
1. Yes, if the court issues the verdict of divorce, then the divorce will be valid, since the husband authorised the court to act on his behalf in issuing the divorce.
2. The moment he writes out the divorce in the absence of his wife, the Talaaq will be valid, hence in the queried scenario, Talaaq is effective.
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date:- 18 Rabi-ul-Awwal 1445 / 04 October 2023
