Talaaq

Signing the talaaq document under duress

Q: I was married on 2013 October. Shortly afterwards, I developed an ulcer which my in-laws took to be cancer. Even while I was in hospital, they started to threaten me and asked for divorce. They threatened to implicate me in a dowry case, make everyone go to jail and get all our property to be sold. After a lot of requests, they met my surgeon who had done that surgery. When they found out after meeting him that I honestly did not have cancer and I was telling the truth, they agreed to continue the marriage relationship depending on some conditions. They gave us 15 days time. An agreement had been reached between us. We were ready to meet every condition. But two days later, they called me to say that they will terminate the relationship as they had found another groom, who happened to be my wife’s ex-boyfriend. After that, they came and intimidated me when I was alone in the house. Everyone in my family had gone to the hospital as my brother-in-law was sick. They surrounded me on all sides and threatened me and frightened me into signing on a piece of paper. While I did sign on the paper, I did not say anything aloud. I was seriously ill and in bed-rest. I was alone in the house while they had several goons. As a result, I could not fight and had to sign out of fright. I would have been implicated in a dowry case if I hadn’t signed and would have been humiliated. I would have been physically harmed. I was being threatened with the Dowry Case, selling of the house and physical harm. That is why I signed on that paper. (1) Am I divorced now as I have signed on that piece of paper? (2) I had not enunciated any word orally. I only signed on that paper on which “Triple Talaq” was written in order to save myself. (3) My intention was not to go for divorce. Please give me answer in Quran and Saheeh hadith. Kya maira talaq hu ya nahi?

Issuing talaaq in exchange of the money agreed upon

Q: My question is regarding khula. The wife demanded for separation from her husband and husband was not ready. Finally he agreed for separation (divorce) with a condition of their son's custody and return of mahr and other financial settlement. The entire process was done in India by a lawyer on a legal paper and husband pronounced talaaq three times at one go (please note he had issued one talaq already few years ago) and they got separated. Now my question is, is this considered as second talaaq or khula? Also please be informed that they lived together 2 months after this procedure. So if this is khula that took place, is it right on them to live together? Are they sinning? Request you to kindly respond at the earliest so that I can stop them from sinning further or help them in the best possible way pleasing Allah.

Husband issuing two talaaqs

Q: My husband divorced me two times during a routine argument, then he left home. After three months he came with a fatwa that 2 times divorce happened and only single one is left, and then he again left home, and from then till now it is about 3 year he didn't come back and nor did he given a single rupee for me and my children. The question is that what about the relationship between me and my husband? Is it still valid or is it finished? We are still living separately. No contact and no naan nufaqa. Kindly tell me the answer.

Telling the wife that one is thinking of divorce

Q: I have a question about an event that took part almost two months ago but the question came in my mind this week. About two months ago, my wife and I got in a very heated argument and I got extremely mad. Due to my anger, I wanted to emotionally upset her so I told her that I am thinking of divorce (honestly speaking, the thought or idea of divorce did come up, but I didn't want to do it - I only mentioned it to her so I could emotionally upset her). So, she started crying. Then, I told her that if I write it on my arm, then it will take place. Then, I wrote "Thinking of divorce" on my right arm and since she was crying (and couldn't see), I told her, "Well, I wrote it..." (I did write the word divorce, but the complete phrase was 'Thinking of Divorce' and she couldn't see the full phrase. The only reason I did this was, again, to emotionally upset her). Then, after maybe two minutes, she read the phrase and said "What does this mean?" I told her that I only wrote "Thinking of divorce" so I could threaten her and upset her. Then, after about a few hours when we calmed down, we both apologised and we both moved on. However, the question came to my mind did this actually count as a divorce at all or not? I asked my wife and she thinks that maybe this counted as the first divorce that was revoked. I, on the other hand, due to my intention to not divorce her at all, do not think this was actually a divorce. Moreover, she was near her menses and we had relations before that, so I knew I would have to wait until after her menses to actually divorce her (but again, I never intended on doing that). So does this count as a divorce?

Husband asking the wife to leave

Q: My sister has been in an emotionally and verbally abusive relationship for the past 7 years. Her husband recently asked her to leave and wants nothing to do with her. She left with her 3 children. Now he refuses to give her talaq out of spite and wanting to maintain control of her. Does the fact that he asked her to leave constitute a valid talaaq?