Q: A brother wants to divorce his wife. What is the correct procedure according to Hanafi Fiqh? What kind of Talaaq should the husband give?
A: One should adopt all halaal means and ways in trying to resolve the marital disputes and misunderstandings. If one is able to speak to the wife directly and thereby reach some resolution in amicably settling their marital problems, then one should do so. If this is not possible, then one should refer the matter to a third person or a third party and ask them to assist in bringing about a reconciliation. If after exhausting all efforts and means to bring about a reconciliation one does not succeed in reconciling, then in this case when one is in the right frame of mind, calm and composed, one should issue one revocable talaaq when the wife is in the state of tuhr (i.e. when the wife is in a pure state) in which the husband did not cohabit with her from the time she had come out of her previous menses. Thereafter the wife should observe her iddat.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)