Written Khul’ and Dhihar

Praise be to Allah.

Firstly:

Divorce through writing, without verbal expression, does not occur except with intention;because it is a form of indirect expressions of divorce, and is not considered explicit.

Please refer to the answer to question no. 70460

Secondly:

Zihar (a form of divorce) through writing also does not occur except with intention, similar to written divorce.

It is stated in Al-Hawi Al-Kabir (10/169): "As for Zihar through writing: it is like divorce according in that there are two opinions.

As for Ila' (oath of abstinence) through writing: it is not valid, unanimously; because Ila' is an oath by Allah the Exalted and does not take effect through indirect expressions." End quote.

Thirdly:

Khul' (divorce initiated by the wife) in writing also does not occur except with intention, and does not occur if written without intention.

It is stated in Nihayat Al-Muhtaj (6/407) regarding what constitutes Khul': "Writing with intention stands in place of verbal expression." End quote.

As for annulment, it is a ruling that is a result of matters such as defects, the conversion of one of the spouses to Islam, and non-fulfillment of a condition in the marriage contract.

Fourthly:

Li`an (oath of condemnation) is not valid in writing; because it is an oath by Allah; thus, it does not take effect through indirect expressions, as previously mentioned about Ila' in Al-Hawi.

And Allah knows best.