Talaaq

Written Talaaq

Q: My aunt got divorced on paper. But her husband says he did not intentionally give divorce to her. He divorced her under pressure of his second wife. He says he was not thinking clearly while signing papers. He also said he did say the words by mouth. Did the divorce take place or not?

Writing out three talaaqs under duress

Q: My sisters husband gave her three talaaqs about two weeks ago. After five months of marriage. It was a letter signed by him & written in her absence, then brought to my sister by somebody she didn't know. Her father-in-law was behind all of this. Her husband said his dad wrote letter first, so he tore it up. Then his parents made him re- write it watching him. He said his dad would disown him if he goes against his dad. He even told my dad the day before that he still wants to be with my sister. She saw him crying when his dad made this decision for him. Now he says he didn't mean to. Clearly he was under duress will this talaaq still be counted?

Husband saying 'From today (husbands name) and (wife's name) are divorced.'

Q: A husband tells his wife after an argument: ‘’From today H.M and M.A are divorced.’’ He does not say that ‘I am giving you Talaaq’. He says this to her on the telephone and he sends her a message on her cell phone. H.R refers to the wife’s full name and surname and M.A refers to the husband’s full name and surname. In addition, the wife is 3 weeks pregnant. Does Talaaq become effective? What is the shariah ruling and can reconciliation be allowed if the above statement is regarded as two talaaqs? 

Woman fleeing her marriage home due to abuse

Q: I know a woman who have married with a man who already married two women and he didn't tell the truth, after some time this man beat his wife and treated her badly, at last he decided to kill her. When this woman sensed it she left her husband with out telling him to germany. After 3 years this woman married another boy but her ex-husband didn't give divorce and the wife also didn't take khula. During the 3 years the ex-husband didn't give nafaqah and didn't even search for her. Now is the second nikaah valid for this woman.

Note: The ex-husband by his wish did an operation not to have children and her ex-husband was not ready to talk and was just by name Muslim. This women told him so many times to leave her and she doesn't want anything from him but the husband said that I will take you to my brothers home and will leave you there for ever.

Written Talaaq

Q: My husband and I have been experiencing marital problems for quite some time now with no resolve. As a result, I have written out 3 talaaqs and asked him to sign the paper on which I wrote the words : "I 'husbands full name' hereby give 'wifes full name' a talaaq." Only under the first one did he write his name but no signature acknowledging that all 3 are valid. Is this talaaq valid? If so, how many have been given, and also, what should my next course of action as wife be?

Wife claiming that the husband has pronounced the third talaaq whilst the husband claims that he has not

Q: There is a couple known to me who have a peculiar situation. The wife claims that the man has pronounced the third talaq and the husband claims that he has not. There were no witnesses. Both are prepared to take oath on the subject. Is the talaaq then valid? The woman has moved to her fathers home and refuses to accept that there was no talaq. Any light on the subject will be helpful.

Three Talaaqs

Q: My husband in anger said three times I divorce you and then same day he said I want to keep you as a wife, it was a mistake in anger. It was not by heart. What should I do?