Q: If the wife asked for divorce and the husband said if you bring the papers then I will give you a divorce but she doesn’t get the papers does talaaq fall?
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)
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- I was in nikkah with my husband but rukhsati had not taken place.My husband lives in karachi and my father never liked him so he and his friends forced my husband and threatened him to sign the divorce papers which he did though he did not have intentions to divorce me neither he said the divorce words three times as i was not present there.I was not even allowed to contact my husband.My father said he is not a man of good character so i must seek divorce.My husband was threatened for the lives of his family and was told i donot want to be with him.Now we both are very upset.We both donot know whether this divorce is legal according to islam or not?What about my idaah period?Please help us.May Allah pak bless you all.
- Divorce wont take place if I signed the divorce papers. This is what I was thinking when I singed the divorce papers. I thought that untill and unless, I utter the word ‘Talaq’ in front of her or in her absence, then the divorce will take place. But after I signed the divorce papers, I came to know divorce has taken plan. As it was talaq-e-Bain, I requested my wife to come back in my life. But she didn’t believe and said that I have intentionally divorced her. With the help of her parents, she filed false dowry case just to take revenge. In the case, she made false allegations including the allegation like we once tried to kill her. And Allah knows it is not true. I was sent to jail. Her father bribed the cops and took my wife out of the house during her iddat period just to file a false dowry case. Believe me and Allah knows when I say this I love her alot but her family has taken a wrong way to take revenge. We are syeds and my parents are Haji and even they went to jail because of false dowry case. My question is what islam says about the muslims who put his fellow muslims in jail making false allegations? What islam says about the father who took her daughter out during her iddat period? When I requested her to come back but she refused, is the gunah of divorce is on me or on my wife? What islam says about my wife’s father who never tried to unite us even when I went to his home to bring back my wife? Please reply.
- My question is this that if a husband in anger said to his wife three times face to face that “I divorce you, I divorce you, I divorce you”, at the same time then is this divorce valid? After telling these words now he is saying that he was in anger and he had no intention to give divorce to her. So I have some more questions below: (1) Is intention necessary, important and essential part to give divorce by a husband? If there is no intention and a husband used words of divorce three time like “I give you divorce” then has divorce taken place? What is the importance of intention of a husband to give divorce? (2) If the husband was in anger, and now saying he was angry, then divorce given in anger is valid? (3) Is divorce given three times all at the same time saying words like “I give you divorce, I give you divorce, I give you divorce” is consider as one divorce or it is valid for three time divorce? And can a husband still take her wife back?
- Q: My aunt got divorced on paper. But her husband says he did not intentionally give divorce to her. He divorced her under pressure of his second wife. He says he was not thinking clearly while signing papers. He also said he did say the words by mouth. Did the divorce take place or not?
- As-Salaam Alaikum Mufti Sahab, I know that giving or demanding divorce is a big sin. I have unintentionally signed divorce papers without knowing that divorce will take place even if I signed the divorce papers. When I came to know this I was shocked & depressed as I never intended to divorce my wife because I love her alot. I requested her to come back to my life as it was talaq-e-bain. But she refused thinking it was intentional divorce. My question is : Pleaes let me know if the sin of divorce is me or on my wife? Becuaes I was honest, as Allah knows, when I requested her to come back & I heard if she refuse to come back then the sin of divorce will be on her. Please clarify.
- In a marriage contract of a couple, it is written “The wife is permitted to divorce her husband”. The husband agrees with it half willingly as it is the state law and he had no other option. In a quarrel, the husband said, “I have wanted to give you divorce many times”. He also might say (he cannot remember if he said these words). Now if you want to give me divorce, then do it! You have the right of divorcing me”. Then the wife said very angrily, 1 talaq, 2 talaq,3 talaq. But it won’t be counted, right. Only men can say that. Fine, I will file a divorce against you. Later, they realized their mistake and the wife said, “I was sure that my saying talaq 3 times will never be counted as talaq that is why I said that, as I was out of mind in anger. But if I had the slightest idea that it might have been counted, I had have never said that. Please note that according to the law of the state, the only option to talaq is to do so by signing the divorce papers. My question is, if their marriage remains valid or not.