Question
I am seeking a ruling on whether a valid talaq occurred. I went to Imam Moutie Saban of the MJC for marriage advice/counselling only, after my wife moved out of the house with our 3 children, 10 years marriage. No advice or rulings were given. After that my wife and myself had a joint meeting with Imam Moutie Saban, explaining our problems. No advice or rulings was given. After a week I was asked to come see Sheikh Moutie Saban again. I had no intention of divorce and never intended to issue a talaq. During this visit, the imaam was interrupted by many phone calls during the meeting. He did not explain any document or anything to me. He simply produced a piece of typed-out paper/document and said words to the effect of "sign here." I signed because I thought, out of respect for the imaam, that it may have been a reconciliation-related or administrative paper. I was not told that the document was a talaq/divorce paper. I did not mention any divorce/talaq words. I later learned that the paper was allegedly a 'talaq document'. I was never given a copy of the document. My question: Under Islamic law, does this signature count as a valid talaq, even though: - I had no intention to divorce, - I did not know the nature of the paper/document - no explanation was given - I was asked to leave immediately - and I never uttered divorce words?
Answer
The silly 'document' which the wayward 'imaam' gave to you to sign is a piece of scrap paper which has no value in the Shariah. It was not a valid Talaaq. Your Nikah is still intact. These are times of fitnah in which the juhala (ignoramuses) abound. They ruin themselves and they ruin others who seek advice and guidance from them.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 09
- PDF page
- 21
Appears under TALAAQ - A RULING OF COMPOUND IGNORANCE (approximate).