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Navigating the Gray Area of Divorce: Understanding the Impact of Anger and Intent in Talaq

Q: My wife was married before and her husband had passed away , after 4 months of the death of her late husband we got married, my wife came into the marriage with a lot of anger towards life and also couldn’t understand why the almighty took her late husband, this made huge fights in our marriage and I gave her 3 talaaqs at one stage. We chose to ignore these because it was said out of anger I also said it to her to scare her and never meant it, as our marriage continued it got worse and on 3 other occasions I said talaaq, but none with any intention. I’m a very emotional man and have a lot of anger. My wife or I never ever left the house because she had no where to go, she is 4 months pregnant now and we having a baby girl, we still live together, but of lately I been seeking the truth, I read somewhere that if you say talaq out of anger it doesn’t count? I also read that a woman must agree to a talaq? As women have rights in marriage as we’ll. According to some references it must be done in good honour and never labour the next partner? I feel like the talaqs were said out of my own immaturity and my wife shouldn’t be punished for it. Are we divorced?

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A: Once the words of talaaq are issued, the talaaq is valid regardless of whether the talaaq was issued in the state of anger. Since three talaaqs have been issued, the nikaah has terminated.

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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