About 3 years ago, I had an argument with my wife. In a state of extreme anger I had given three talaaq in one sitting.The next day I called the Jamiat office in Durban and spoke to someone who had said that the divorce was invalid. We have reconciled our differences and have continued living together happily. Recently, my wife read that divorce given in anger is valid, so we called the Jamiat again, only to find out that the divorce is valid. Also, because this has taken place so long ago, we cannot remember if my wife was in a “clean” state, since I have read that divorce is valid if given to your wife when she is “clean”. I also read on a website that if a person gives talaaq to the point where he does not realise what he is saying, then it is invalid. Is this true? http://www.islam-qa.com/QA/5|Jurisprudence_and_Islamic_Rulings(Fiqh)/Talaaq_(_Divorce_)/Thrice-divorced_at_one_time.30111999.6125.shtml We are now in a state of confusion and we don’t know what to believe.I would also like to know the significance of why the woman would have to marry someone else, consumate that marriage and only after being divorced, can she remarry her first husband . Why can’t the divorced couple just perform nikah again? Please advise, Jazakallah.
Divorce issued in the state of anger is valid. Divorce issued in the state
of insanity is not valid. If the level of the anger reached the state of
insanity, then the divorce issued in that state is invalid. Being clean or
not does not have any implications on the validity of the Talaaq.
If the husband issued his wife three Talaaqs, the Nikah has terminated and
they can reconcile only after Halaalah according to the procedure explained
in your question. That is an express order of Allah Ta’ala in the Qur’aan.
and Allah Ta’ala Knows Best
for: Mufti Ebrahim Desai
FATWA DEPT.
CHECKED AND APPROVED: Moulana Imraan Vawda