Fatwa: #280
Country : New Zealand
Question:
Salam, I wanted to know if there are certain conditions that need to be met when issuing talaq. Does things like menstruation, phone/text talaq, and lack of witnesses affect the validity of talaq? What exactly makes a talaq invalid? Jazakallah.
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaramah
We have received your query regarding what invalidates a divorce, our response is as follows:
A divorce issued by a sane and mature man is valid and takes effect. It may be pronounced verbally or conveyed in writing (in the absence of the wife). The divorce is effective regardless of whether witnesses are present and regardless of whether the wife is in her menstrual period at the time the divorce is issued.[1]
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
18th Safr 1448
2nd August 2026
[1] رد المحتار : ج ٣، ص ٢٣٣ و ٢٢٥
الفتاوى الهندية: ج ١، ص ٣٤٩ و ٣٥٣