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Was the Talaq valid?

Answered as per Hanafi Fiqh by Askimam.org

my husband gave me three talaq of 1st time on 2011 in a state of drunk of alchohole.bt he aws realized that he did not rt things.n he was not meant it.after 1yr on 2012 my husband n i had very ugly fight. n i said that i can’t live with him.that way he said to me ok u can leave n said  4 to 5 times talaq in presence of my mother in low. then i leave home n went to my father’s home.after 4 days he felt so unhappy n said that he will never divorce me .he was extremly angry n could not control his temper n in a moment of rage shouted out that he gave me talaq.then i was came with him in his home. he belive that we r still married n that he never meant it from his heart. my qus is that is our marrige still vailid.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We are sorry to hear of your situation and pray that Allah makes it easy on you. Unfortunately, your marriage has terminated[1] the day your husband gave you talaaq in 2011. It is necessary for you to disassociate yourself from him at once and discontinue your relationship with him as he is no longer your husband. You must also make abundant tawbah and beg Allah for forgiveness for continuing your relationship with him after he gave you three talaaqs.

And Allah Ta’āla Knows Best

Muhammad Haris Siddiqui

Student Darul Iftaa
Melbourne, Australia 

Checked and Approved by,
Mufti Ebrahim Desai.


[1]  “و طلاق السكران جائز” (شرح مختصر الطحاوي 5/13 – دار البشائر الإسلامية)

“و طلاق المكروه و السكران واقع” (مختصر القدوري ص.366 – مؤسسة الريان)

“و يقع طلاق كل زوج بالغ عاقل و لو عبدا أو مكرها أو هالا أو سفيها أو سكران” (الدر المختار ص.206 دار الكتب العلمية) 

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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