The requirement of valid Talaq under Shia Law is that it should be pronounced in Arabic words in presence of two adult male witnesses and the wife‑‑‑When presence/attendance of wife cannot be procured, then-husband can pronounce Talaq (divorce) in specific Arabic words which are known as “Khutba Talaq “, but in presence of two male witnesses‑‑‑Such Talaq (divorce) can be reduced into writing and forwarded to the wife or the same may be intimated to her otherwise. Divorce communicated in writing is not valid under Shia Law unless the husband was incapable of pronouncing it orally. When both the spouses were governed by the Shia Law, divorce must be pronounced by the husband orally and in the presence of two competent witnesses. The presence of witnesses is a condition precedent of a valid talaq/divorce according to Fiqha Jafria. A divorce must be pronounced orally in the presence of two competent witnesses and a talaq/divorce communicated in writing is not valid unless the husband is incapable of pronouncing it orally.
0 kommentar(er)
