Certificate of Divorce

E-mail Print PDF

Q: How does one write a certificate of divorce?

A:

CERTIFICATE OF DIVORCE

DETAILS OF SPOUSES
            
            Husband’s full name:                  ………………………………………………
            ID NO:                                     ………………………………………………
            Wife’s full name:                       ………………………………………………
            ID NO:                                    ………………………………………………
            Address (Marital Home):             ………………………………………………
                                                          ………………………………………………
            Tel (Husband)                           ………………………                        
            Cell (Husband):                          ………………………………..
 

DECLARATION OF TALAAQ
 
I, …………………………………….. the undersigned, of sound mind and body, hereby declare that I have given my wife …………………………………… ONE TALAAQ BAA-IN as from the date written hereunder.
My wife is thus in Iddah as from this date onwards.
 
Signed: ………………………………. (Husband)
 
Witnesses:
(Full name of witness)                          (Full name of witness)
 
Date:  …………………………      Islamic Date: …………………….........
 

Note: Talaaq-e-Baain is a divorce that severs the Nikah with immediate effect. Should the couple wish to reconcile, they must make a new Nikah. The husband cannot revoke this Talaaq without the wife’s consent.


Also note that there is no need for witnesses in order for the Talaaq to be valid, though having witnesses is good.

A WORD OF ADVICE:

Do not issue Talaaq unless and until you have tried all ways of reconciliation. Also, if you have to divorce, issue ONE Talaaq ONLY; there is no need for three Talaaq. After one Talaaq, the Nikah will terminate automatically upon expiry of the Iddat. In this way, should you decide to reconcile after some time, you can do so by making a new Nikah, obviously with the wife’s consent.  By issuing three Talaaqs, this door will be closed unless she marries someone else and that husband either dies or divorces her. Thereafter she will go through an Iddat and only then will you be able to remarry her.

Mufti Siraj Desai