Home » Hanafi Fiqh » Darulifta-Deoband.com » Did talaq take place even though the wife’s friend was not present?

Did talaq take place even though the wife’s friend was not present?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My friend has informed the elder maternal uncle of his wife that I have given talaq to my wife i.e. your Bhanji thereafter my friend has informed his younger maternal uncle that I have given talaq to your Bhanji. On same day my friend informed her father through his father clerk that I have given talaq to his daughter. My wife friend was not present at that time. Whether talaq took placed or not?

بسم الله الرحمن الرحيم

(Fatwa: 1085/703/L=1434)

You have mentioned in the question about a divorce in past. If your friend has given talaq in past then as much talaq he gave that much took place. But if he did not give any talaq in past then too one talaq rajai took place, as talaq takes place by admitting talaq in past. However, in this case your friend shall have the right to take her back within iddah period. And the method of raj’at (taking her back) is that he says that he has taken back his wife in front of two persons. Then it shall be right for them (husband and wife) to live together. If he did not take her back within iddah period then the woman shall become bayina (separated) and now it shall be necessary to do fresh nikah in order to take her back in nikah with the mutual consent of both parties. It should be noted that the iddah period of a woman experiencing menstruation is three haiz (three menstruation cycles).

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Read answers with similar topics: