Dear Sir, As-salaam-o-alai-kum! Please guide us in light of holy Quran and Hadith and peace be upon him : A man was requesting to wife as he was outstation and had been shivering with high fever and malaria his query was to inform his wife over phone that he wants to come back to home due to illness but his wife could not listen attentively by heart and said that no need to come die there. On listening this sentence her husband couldn?t control himself and said Talaq Talaq..Talaq and many times even he told to give phone to your mother and repeated the same many times. But, just after that one of brides family member and guardian asked the groom that did really and intentionally said this words, he replies while weeping out and very brokenly that no his intention was not to give Talaq but punishment to her to change her attitude. Sir, please advise whether this is Talaq or not :- 1. As, he was over phone and from both the sides there was no evidences except her mother and at the place of husband there was no body in evidences. 2. That time her wife was in pregnancy period. 3. That, several times husband tried to meet her but wife never come to meet him. 4. That, they never allowed him to meet with baby girl at the time of birth and after onwards. 5. That, still husband tried a lot to convince them even from local people but worthless. But, now they want to unite in light of holy Quran and Hadith and peace be upon him. Refer to above question, please give us Fatwa accordingly, we would be highly obliged of you. (Case refers to Lodna, Dhanbad, Jharkhand State of India)
Answer
(1) The husband pronounced the words of talaq and admits it; in this case, three talaqs mughallazah (irrevocable talaqs) took place. There is no condition of witness to pronounce talaq; the confession of husband is also enough.
(2) Talaq takes place though the wife is pregnant.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband