Talaaq

Uttering the word talaaq while sleeping

Q:

1. If one is in half asleep and somehow realizes what he is doing but can not really think straight because he is half asleep and utters "talaaq" while the wife is somehow in the mind, does this count? The person could not really think about what he is doing or saying.

2. If someone mistakenly utters this word while just doing something and somehow thinking about the wife but there was no intention, but like a slip of the tongue, does this count?

Issuing talaaq while under the influence of drugs

Q: My husband has been on drugs for 2 years. During this time I had left our marital home and returned four times. The fourth time which is currently I have been away for more than a year. He has been abusive towards me, physically, verbally and emotionally. I'm may 2013 I was granted a fasag by a certain sheik, but then I was told it was not valid. I returned home to my husband. Five months later I left again due to his drug use and abuse. Even during our separation he was abusive he came to my work and caused scenes and damaged work property. I then went to a moulana in grassy park and he went to my husband and he granted me a talaq my Iddah was to end on the 15 december 2015. During this time my husband denied the fact that he was on drugs. He started working again picked himself up and I believed he was clean. During this time I broke my Iddah. He was then abusive towards me and then I suspected he is still using drugs, still had no proof and was not sure because he looked decent was working and had a car. But because of the abusive behaviour I still refused to return to our home. I also refused to live with my in laws. We were looking for a place to stay on our own and this also made me believe his clean because if he is using drugs he would not be able to afford a place of our own, but as time passed he said he can't afford it any longer. He then gave my mother a written talaq to give to me as he was angry because I refused to return home. I did not take this serious as he was angry and I suspected he was using drugs. But thereafter again he said we will look for a place of our own. Again I was week and shared his bed with him. And upon waking up the next day I found the drugs in his pocket doing the washing. I left immediately. As I made it clear if there is drugs in his life my son and I will not be part of his life. Then the 2nd January 2016 he called me and gave me another talaq based on the fact that I don't want to return home. He also sent me text messages to back up what he said to me. He also sent me a text message to say he did it properly and I responded that I accept and that my Iddah will complete within three months and 10 days on the 12april. We agreed upon this. We had no contact thereafter. Only on 2 occasions. His family never believed me when I informed them he was using drugs so they thinking I just left because I did not want him. But since all of this his back at home living with his mother as he was living with a friend. and by the 27 of January 2016 he was admitted to rehab. I told his mother I'm under Iddah but she says it's null and void due to him not being sober. Please advise if any of these talaqs are valid. I am observing Iddah.  Please advise if they are valid based on the fact that he was angry and under the influence of drugs? Should I complete my Iddah? What should I do going forward. Allah knows best I need guidance.

Husband jokingly giving the wife three talaaqs

Q: If a man says to his wife "I divorce you" three times as a joke and has no intention to divorce her and is unaware that simply uttering the words could lead to divorce. Is that counted as talaaq or is the nikkah valid. Also note that this occurred while the wife was in a state of purity, before menses, during which intercourse had taken place. Is this nikkah still valid? Is the talaaq valid? If yes is it counted as one or 3? This occurred between a couple that are very much involved and would be devastated by talaaq. And please advise what should be done after this.

Does talaaq take place through separation?

Q: I am 22 years old - British citizen. I got married in Pakistan last year, but now seeking a divorce as the husband is horrible and abusuive towards me. I returned to England on December last year. I have no contact with husband whatsoever. I do not talk to him, I am now seeking divorce but he is refusing to give me one. I wanted to know that if I haven't had sexual contact with him for 8months is my marriage invalid? What if I Return my wedding gold to him does that make the marriage over? Or what if I say divorce 3times to him? As he lives in Pakistan what can I do? I've been struggling to find help.

Husband telling the wife "Go get another husband"

Q: I would like clarify the following. Emotionally down I asked my husband not to keep me hanging, if he wants to let me go he must. He said fine go. His intention was divorce so accordingly we made nikaah again. To provoke my husband (Allah forgive me) I told my husband I want another husband. He asked do you want another husband. I said yes. His replied go get another husband. He says talaaq did not fall as his intention was not talaaq. Was this a talaaq? I am confused with regards to how the first fell and this did not? We have many arguments however we love each other a lot. But pressure gets the better of us and we say silly things. I have doubts that similar statements were uttered. He says none are valid as he did not intend divorce. What is the ruling? Request for duaas.

Husband telling the wife "I'll divorce you"

Q: If my wife was saying to me she hates my attributes etc complaining about me over the phone and I assumed she was cheating on me and I reply "okay then I will divorce you " or something like "I'll divorce you " metaphorically with no intention of on the spot divorce more like a future reference in a mental state. This happened 4 years ago when she was pregnant and it was more like "okay if that is how you really feel about me then I will divorce you so tell me the truth" . I can't truly recall what I said and have thought long and hard but can you kindly tell me if it is counted as one talaaq. I truly believe it is not. I have tried long and hard to think back but can't recall what I exactly said. I was not angry nor were we arguing, it was a general conversation but I was intoxicated and going crazy like mental depression cause of the drugs. I was also under the Influence of drugs once again and the words divorce you divorce you came out with no apparent intention and as I was intoxicated, it came out with no such meaning. I tried to prevent this but it slipped out. I was really insane and did not know what I was saying. Are these counted as talaqs also? She also said once to me over the phone to say the word 'divorce' knowing that I would not because I love her. I did not respond to her talaaq but replied that I have already said the word long ago. I was confirming the 'divorce you' talaq which I have just mentioned but was definitely not initiating another one. Again I cannot recall my exact wordings but clearly remember my intention of confirming the talaaq which was said in the form of 'divorce you' 4 years ago.

Husband saying I will divorce you

Q: I recall my husband once saying that he will divorce me or he is going to divorce me. I don't think he meant it there in a instant but as thinking about it and said in anger. I think I forced him to say it and he was intoxicated. Is this counted? I asked him and he said he had no intention and meant maybe in the future but he couldn't recall how he said it but remembers his intention. He also once said divorce on its own a few times but not to me .. just screamed it randomly. Is this counted?

Talaaq is not subject to the wife's consent

Q: My husband divorced me through signing onto the divorce papers which is a predesigned template of country law in which it is written that ‘I give my wife three written divorces’ which is then followed by such statements: I__________ divorce my wife________________ I _____ divorce my wife__________ I __________ divorce my wife________ However, the paper that he signed was of mutual understanding divorce but the divorce was not given by my consensus, therefore keeping this in mind when we got the copy of papers we got that changed and the new papers were prepared where there is no statement as ‘ I give three written divorce to my wife’. Moreover, he also said that I have given one divorce to my wife, which is true. Since he stopped talking to me before divorce (despite of my struggles to contacting him, as my rukhsati didn’t take place so we were not living together nor we consummated our marriage), there was no assurance if he had signed the papers or his mother has done it since she was against our marriage the most even though it was an arranged marriage, so my family forced him to call me and say on call and he uttered ‘you are free from my side’ and ‘ you are divorced as papers are being signed’. I want to reconcile with this relation tell me how can I do that, my husband and I had no contact since divorce and he has blocked me from everywhere also I don’t have courage to approach to him myself. Please tell me what are the rulings of Islam in this case how many divorces has taken place three or one since marriage has not been consummated. Even if three divorces has taken place what will be ruling of halala,which I know is haram.

Suspended talaaq

Q: My husband has said many times "I won't do this or that, if do it then you are divorced - talaq". He has said it many times and still he did what he said he won't do without thinking. Now, he has said that more then 5 times and did everything that he had swore on. Has the talaaq taken place? How can I
still stay with him if talaaq has taken place.