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Challenging the Validity of My Husband’s Talaaq: My Struggle as a Revert

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My husband gave me talaaq three times all at once it did this on three separate occasions. He sought advice and we spoke to a mufti who told me that his talaq was not valid because my husband told him his intention when he gave me talaq was not to divorce me. My husband has been violent to me and my children and we have been separated now for 54 months I have no wish to return to him but the mufti and a brother said I must return as Allah will be angry with me. I am a revert and have little knowledge of talaaq. I feel that the brother and the mufti went in my husbands favour purely because he’s a man. Please some one help me I feel like I am being forced back to him by people of knowledge and I don’t know if this is correct as I was advised that when talaaq is given three time in one go, it’s talaaq. The marriage is finished. Please help me I fear Allah and I no that what ever happens Allah will show me the right way. Please advise me as I have no one to ask.

Bismillaah

A: The first time he had issued the three talaaqs, the nikaah had terminated. It is no longer permissible for you both to live together.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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