Tuesday, June 25, 2024
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Divorce query

Fatwaa ID: 1064

Assalamualaykum if mufti saheb can answer the following please

A message I received from a sister

The sister is very emotional and says it all a blur. She’s asked me to record this is what happened:

Husband and wife got into an argument and husband was walking out of the house saying “it’s done, this is done.” Wife says this has happened many times before and yesterday she got angry. Wife says husband regularly uses talaq as a threat when they argue and she was sick and tired of him saying “it’s done” then walking out, and then coming back and pretending like nothing had happened. So, wife said to him “if it’s done then end it properly, if the marriage is over then call your family and end it properly.”

He called his father; his father didn’t answer the phone. Then he called his uncle and said to his uncle on the phone “I’m divorcing her tonight.” The uncle tried to say “no, calm down” but the husband put the phone down on his uncle and said to his wife “there I’ve told him.” Then he said “do you want me to say the words, do you want me to say the words?”

Then he said “talaq once.”
Then he said “talaq twice.”
Then he stopped. He didn’t say it a 3rd time, and he walked out.

Wife was very upset and she feels like maybe she provoked him but she’s also very upset that every time they argue he uses divorce as a threat against her. She was tired of that happening.

He gave her one talaq last summer. Families were involved and they reconciled. She feels he forgot about that talaq in the summer or he thought that he had revoked that talaq, that’s why he stopped after 2 last night. Wife feels he knew that saying it 3 times would end the marriage and that’s why he didn’t say it a 3rd time.

I hope that is clear.

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. A few clarifications before we issue a verdict:
-The statements “it’s done” or “this is done” will count as talaaq if the husband intended thereby talaaq. If he did not intend that, then it will not constitute anything.
-Talaaq uttered by the husband as a threat counts as talaaq, irrespective of the husband’s intention.
-The statement “I am divorcing her tonight” does not constitute talaaq.
-Forgetting an issuance of a previous divorce does not disqualify it nor does it excuse the person.
-Ignorance in regards to the laws of talaaq does not make a difference in the ruling.

In the enquired situation, we understand that the husband had issued one talaaq previously and thereafter retracted it, thereby leaving him with the ability to issue two more. He now issued two divorces. The total count thus reached three. Accordingly, this constituted a talaaq mughallazah. The marriage has irrevocably broken down. They must separate with immediate effect. They cannot reconcile unless a valid halaalah is found. Her ‘iddah has commenced from the time he issued the last two remaining divoces.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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