Using the word faarigh for divorce

Q: My husband and I were in an argument and both of us were very angry so when I said to him to give me talaq, he said you are farigh from my side but since I didnt know about the meaning of this word farigh, I didn't paid attention to it. After that 5 years passed and I also gave birth to our third baby.

Now, after asking one mufti about this, he said to me that the talaq was valid and when I asked my husband about this, he said I never said that you are farigh, rather I said farigh kardunga. Please help and I also dont remember it very much because years have passed.

A: If there is a practice in vogue in the place that you live in where the word "faarigh" is used for a clear divorce, then you will be divorced one revocable talaaq. In this case, through continuing to live together as husband and wife, the talaaq had been revoked.

However, if in the place that you live in, the word "faarigh" is not used for a clear divorce, then since your husband used these words upon you requesting talaaq, one irrevocable divorce has taken place. In this case, till a new nikaah is not performed with a separate mahr, you both will be haraam for each other.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)