Issuing Khul’ in writing while conditions of Khul’ are not met
16-2-2017 | IslamWeb
Question:
Assalaamu alaykum. Please tell me, if a man wrote, "I divorce by Khul’," but all the conditions of the Khul’ (divorce requested by the wife and in which she returns the bridal gift) were not met and not present to make the Khul’ happen, so there is no Khul’, but the fact is that the word 'I divorce' was written, is it a divorce anyway? The writing of the word divorce was for the Khul’, is but the conditions were missing, so there is a divorce like in the case that this would have happened orally (which would have made a divorce take place since orally the prononciation of the word divorce makes it happen, even if it was for Khul’ since he would have said the word divorce orally)? Is it the same by writing? He wanted to make a Khul’ but we did not know the conditions to make it happen, but he wrote the word divorce anyway. So what is the situation now? I do not know if my question is clear; if you do not understand me, please tell me. May Allaah reward you and have mercy with you in all of your problems because you help people.
Answer:
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
The question is somewhat unclear. It is better that you orally consult a reliable local scholar in your country or refer the case to one of the Islamic centers there.
In general, writing the word divorce is one of the metaphors of divorce (Kinaayah), so divorce does not take place (by writing it) except if the husband had the intention to divorce by it, as we have previously underlined in fatwa 89894. Saying 'I divorce' in the present tense (not the past tense) is also a metaphor of divorce because it may mean a mere promise of divorce or it may mean the intention to divorce on the spot.
Khul’ has pillars that must be fulfilled in order for it to be effective. Please refer to fatwa 250558 about the pillars of Khul’, among which are the formula (wording) and compensation.
Allah knows best.