Is writing the divorce ruling stronger than merely pronouncing it?
Machine translationRead the Arabic original
The questioner : Yes, even if you did not take the written document?
The Shaykh : Of course, this writing did not exist in the past.
The questioner : Writing is documentation.
The Shaykh : The judge simply says, "I have ruled that you have divorced," and that is enough; writing is not necessary. For example, if two people buy and sell, the sale takes place whether they write it down or not. But today, due to the lack of trust people have in one another, they have established the matter of contracts and writing, and so on. Now, if a man marries a woman with two just witnesses and with the consent of the guardian, and he enters into her and builds a life with her, that is the Shari'ah contract. But writing it in the court is to ensure that no dispute arises in the future due to the corruption of the times and the like. So, you are now saying that the court or the judge gave you a ruling.
The questioner : Well, in this case, O Shaykh, I took the ruling.
The Shaykh : Yes.
The questioner : And now she is under my responsibility; what do I do? I now understand from your words that the three divorces have taken place.
The Shaykh : Yes, that is how they issued the fatwa to you.
The questioner : Now she is under my responsibility; what do I do?
The Shaykh : Do you want to take her back, or is she with you?
The questioner : In my opinion.
The Shaykh : Do you have her after three divorces?
The questioner : Yes, I have her after three divorces based on a fatwa.The Shaykh : Abu Malik said it is permissible for you to take her back, so I told him to document the three divorces in the court. He said, "Even if you do not take the written document."
Al-Halabi : But of course, O our Shaykh, as far as I know, he is not to approach her, is that right?
The questioner : By Allah, when I took her back in the past, I used to approach her, but now...
The Shaykh : My brother, complete your journey with Abu Malik, because it is not permissible for us to mix Abu Malik with Abu Salik. Go and complete your journey with Abu Malik. Tell him the story. I understand what my opinion is on the matter.
The questioner : May Allah reward you with good.
The Shaykh : Of course, this writing did not exist in the past.
The questioner : Writing is documentation.
The Shaykh : The judge simply says, "I have ruled that you have divorced," and that is enough; writing is not necessary. For example, if two people buy and sell, the sale takes place whether they write it down or not. But today, due to the lack of trust people have in one another, they have established the matter of contracts and writing, and so on. Now, if a man marries a woman with two just witnesses and with the consent of the guardian, and he enters into her and builds a life with her, that is the Shari'ah contract. But writing it in the court is to ensure that no dispute arises in the future due to the corruption of the times and the like. So, you are now saying that the court or the judge gave you a ruling.
The questioner : Well, in this case, O Shaykh, I took the ruling.
The Shaykh : Yes.
The questioner : And now she is under my responsibility; what do I do? I now understand from your words that the three divorces have taken place.
The Shaykh : Yes, that is how they issued the fatwa to you.
The questioner : Now she is under my responsibility; what do I do?
The Shaykh : Do you want to take her back, or is she with you?
The questioner : In my opinion.
The Shaykh : Do you have her after three divorces?
The questioner : Yes, I have her after three divorces based on a fatwa.The Shaykh : Abu Malik said it is permissible for you to take her back, so I told him to document the three divorces in the court. He said, "Even if you do not take the written document."
Al-Halabi : But of course, O our Shaykh, as far as I know, he is not to approach her, is that right?
The questioner : By Allah, when I took her back in the past, I used to approach her, but now...
The Shaykh : My brother, complete your journey with Abu Malik, because it is not permissible for us to mix Abu Malik with Abu Salik. Go and complete your journey with Abu Malik. Tell him the story. I understand what my opinion is on the matter.
The questioner : May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.