Talaaq

Saying Talaaq x3

Submitted by admin on Sat, 2014-01-04 15:23

Q: If a man says in these exact words "Talaqh times three, not Talagh 3 times but actually saying (Talaqh X 3) is it accepted or does one have to literally say the word Talaqh 3 literal times?

Talaaq when the wife is in her menses

Submitted by admin on Sat, 2014-01-04 15:22

Q: I want to know that if a man divorces his wife when she has her monthly, is it counted?

Does the nikaah terminate if the husband goes to live with a non Muslim?

Submitted by admin on Sat, 2014-01-04 15:15

Q: My question is with regards to my Nikah. My husband left me and our two children 8 months ago to live with a non muslim woman. He now regrets the decision he has made and wants to reconcile. Please advise if we are still in Nikah as I don't want to live in sin. He has not mentioned anything about giving me a Talaq at all when he was leaving, his words were he is leaving me as he does not have any feelings for
me.

Signing divorce papers in court

Submitted by admin on Thu, 2014-01-02 07:20

Q: I want to know that signing of divorce papers in civil court really causes divorce when non of them really wants divorce? This signing of papers is necessary for husbands second marriage to show his second wifes parents?

Issuing one Talaaq-e-baain after another talaaq-e-baain

Submitted by admin on Mon, 2013-12-23 07:50

Q: Following up an irrevocable (ba'in) divorce with another irrevocable (ba'in) divorce (al-ba'in la yalhaq al-ba'in):

For example the husband says to his wife: "I am leaving you, I am leaving you" (intending divorce with both statements) or he said: "I divorce you irrevocably, I divorce you irrevocably". In this case, only the first divorce will count and the second will be considered futile. Regardless of how many irrevocable divorces a man pronounces, only the first divorce is effected. The reason being is that the first divorce is irrevocable; hence, the marriage bond between the husband and wife has ended. As such, the second irrevocable divorce will not be able to attach itself on a relationship that has already come to an end. (Culled from Ibn Abidin's Radd al-Muhtar, 3/306-309)

Does this mean that if a husband utters an irrevocable divorce and the wife is still in her idda, then the second irrevocable divorce will still not count due to the nature of divorce? However, if a husband utters a revocable divorce after an irrevocable divorce, it will take into effect during the idda?

Ambiguous statements of talaaq

Submitted by admin on Tue, 2013-12-17 17:02

Q: I still don't understand about ambiguous statements. I know that wanting a divorce is not the same as issuing a divorce, so how come if a husband says "I don't want to be with her" falls under kinaya statements of divorce when the statement is referring to the future? Nonetheless, if husband says to wife "you'r free" or "you are free", how come this is considered as a revocable divorce and not irrevocable divorce? If there is a difference of opinion on these two matters is it permissible to follow the one that is easier due to hardship reasons?

Reconciling after one talaaq

Submitted by admin on Tue, 2013-12-17 15:58

Q: I am writing to you with a lot of hope that I will be guided in the most Islamic way Insha Allah. My husband and I were married for the past 11 years. Last month on 16 November 2013 my husband gave me a talaaq the on phone, but he did not identify any witness or even mention them. Before talaaq me and my husband were not in contact at all. We had a fight and in anger I told him not to show me his face till
he does not start speaking the truth (as in every matter my husband has a bad habit of lying). He left my parents house in anger and for the next 6 months didn't try to contact me. He just wrote a letter to my parents that he is thinking of divorce. My parents didn't respond thinking he will come to Dubai that is where me and my parents are staying but he didn't come and decided to give me talaaq through the phone as he stays in Saudi. After giving talaq last month we started chatting and we cleared most of our misunderstandings and realised both our mistakes, now we want to make rujoo as only one talaq is over but now my in laws are not allowing him and pressurising him to continue with divorce. In fact my father in law even threatened to leave the house if my husband comes to make rujoo'. When we asked for reasons they are saying things like "she took the wedding album without our permission to Saudi 5 years back" and "she had back answered us four years back". The actual reason is simple ego as my mother in law is a real sister of my mother and from childhood there has been problems between both sisters. My husband and I have been the victim of these sister wars for so many years now. Finally my father in-law is saying that since my father is daughter's father he should come and apologise and then they will accept me. This is only pride but Islamically is there anything like the husband's parents deserve more respect then the girl's parents? I have already called my mother in law in my iddah and apologised for the mistakes according to them I have done and promised not to repeat any mistakes again Insha Allah. The fact is I used to stay with my husband in saudi and my inlaws in india and my parents in dubai. There is no reason for them to object as far as my husband and I are happily staying in saudi. We asked Moulana and they have said "Islamically rujoo is the decision between husband and wife" but we need the blessing and love of our elders. Please guide us what to do?

3 talaaqs in anger

Submitted by admin on Wed, 2013-12-11 06:55

Q: My father gave one talaq to my mother about 27 year ago and made rujoo after that. He gave another divorce to her 7 months back in front of me in anger and then blamed me for provoking it. And he says he never intended it. After about 3 months he gave the 3rd divorce to my mother in anger and blames my brother for provoking his anger to do that and he says he never intended it again. My mother left the house after the 3rd divorce (meanwhile he is usually threatening us all that don't get close or protect our mother no matter how much harsh language I use to her even calls her a whore in front of us otherwise I will divorce your mother). Whether he intended or not my mother left the house after hearing the third divorce and she said I can't take it anymore. And I heard divorce 3 times so he is not my husband. Now my father instead of repenting on what he did says that I said divorce as a threat only but I don't intend it and its your mother's fault that she left the house. And he says I won't make rujoo' or contact her it's her fault that she left, she should come back on her own. To cut the long story short, I want to know if divorce is some joke that anyone can threaten with it and even say I never meant it after saying it. He shows reference that talaaq isn't applicable in anger or unintentionally. Is the marriage over? Or if in case it's not, is it Ok for my mother to come back on her own when there is no guarantee that he will again give divorce and say I never meant it. I am very tensed. I need the answers. Plus he is not willing to go to any mufti. He says its not his fault and he won't stand himself on any court of mufti to clarify himself. He has a lot of ego problem and puts all blame on others always. Is the divorce applicable now? And in case not then shouldn't he make rujoo himself?

Handing over the right to issue divorce to the wife

Submitted by admin on Wed, 2013-12-11 06:21

Q: During a heated argument with my wife if I told her she has the option of staying with me or to leave me (divorce me) and she said "Ok I will leave or Ok I want separation" but at the same time I told her "I will not divorce you" due to hardship reasons. Then is this the same thing as giving her the authority to divorce herself as I was giving her a choice?

She is not happy, so I insisted she talk to her parents about sending her a plane ticket back home but I told her "I will not divorce you", so does this count as a divorce on her part, as I did not intend to divorce her but rather give her the option to seek divorce?

Three talaaqs

Submitted by admin on Thu, 2013-12-05 08:28

Q: I have a doubt in mind that talaq took place or not, or I can take my wife back. I gave first talaaq while chatting in june 2012, and second talaq in august 2012, and after 15 days in the same month I gave the 3rd talaaq. Is it considered as 3 talaqs, or 2 talaqs, without any ruju'. Is there any chance to remarry again?

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