Q: Could you please give clarity on the issue of talaaq. If I have said to my wife that we should separate and subsequent to that we are both in agreement that our marriage is over. Will this be considered a talaq? Secondly, if i have uttered the words, I hereby give you a talaq and she
records it on her cellphone, when nobody else is around, will that stand as a valid talaq? Lastly, if I have said the words and the same night my wife states that she has started spotting (starting menstruating), does it make the talaq invalid or is it simply a case of the Iddah period being moved till after spotting ends?
A:
- Just by saying “we should separate” and not intending talaaq, talaaq will not take place.
- Yes.
- The talaaq is valid and the iddat has commenced.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)