Those situations where Talaaq takes place

Divorce under duress

Q: If a man is being forced by gun to give 3 talaqs, I have understood from your fatwas that the talaqs will take place even though he was forced. But may the man instead act on the Shafie opinion that talaqs do not take place? Since otherwise his life will be destroyed - his wife will be haram on him, his children will grow up with divorced parents, his wife will have difficulty supporting herself etc. I know that we should generally not act on views of another madhabs, but may the man make an exception is this case (even though he would be Hanafi) since this is such a delicate situation which will affect his whole life?

Divorce in anger

Q: My question is about divorce. Me and my wife had a fight about 8 months ago and she was continuously asking for divorce at that very moment. We were both very angry. I told her ok I give you divorce and included both my and her name when I said it. Then she asked me to move out. I moved out of the house next day and have lived away from her ever since. During the last 8 months we have spoken so many times and we have been wanting to get back together. But we had fights also over the last 8 months. So my question is when I told her that I divorce you but moved out of the house next day and didn't spend 3 months with her under the same roof, is the divorce valid or not? Also when I said it we were both in anger and fighting.

Talaaq over watsapp

Q: I'm a young 27 year old divorced mother of 4 daughters. Last year December I got remarried to my second husband. He is 24 year old never married and of purity a virgin, he was with me for a week, a week after he left we fought and I landed in ICU for pseudo seizures due to depression and a week after that he divorced me while I was in ICU. I was admitted for shock, depression and post traumatic stress disorder. We had debates because his parents disapproved of him wanting to marry a gal with 4 kids, we debated his coming back and standing up for himself and his wife, which is me. I explained that one shouldn't be nasty to ones parents, but explain in a nice way, because there is no valid reason of disapproval, and nikaah had already taken place, now what I wanted to know is if how talaq was done is right or wrong? It was done over watsapp all were done for no valid reasons, like when I asked to leave me alone in hospital, I was just crying and crying, he gave a 2nd talaaq for that over watsapp. Is it a proper way to give talaaq or not?

Dissolving an ante-nuptial contract

Q: I would like to know I signed an ante nuptial contract prior to me making Nikaah, a month later we made nikaah and a further month later we registered our marriage (South African Legal Marriage). I am married for two years now. I have now come to know I made an error in the ante nuptial contract and for it to be corrected, we would have to "legally" divorce in terms of South African Law, then enter into a new Ante nuptial contract, and then re register our marriage. Both my spouse and I do not want to get divorced islamically, If we do get a "legal" or "civil" divorce will this affect our nikaah? We can do the default divorce whereby the wife initiates divorces, the husband receives the summons (he has ten 10 to defend, if he does not defend, the divorce will be given by default by the SA courts). I am asking this as it is important to me to ensure my ante nuptial contract is in order. This is affecting my mental ability to think and do my work, as it is always on my mind.

Issuing two talaaqs

Q: I follow the shafi'i madhhab. In a state of having a jinn in me and my hubby being intoxicated, I asked him for talaaq, he gave me two, does this count according to my madhhab? He follows the hanafi madhhab. Does two talaaq count as three because we were living normal!

Signing a divorce paper for visa purposes

Q: My question to you is my husband has made a fake divorced paper for UK visa residency purpose. This paper is signed by him and is registered in our country. But this paper has never been given to me but my husband has informed me about this stupid act of his. On asking my husband says plainly his intention is never to give me talaq and this document is to be used only for visa purposes. I want to know am I divorced this way? If I am divorced this way do we have to do nikaah again? Please guide me properly.