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Talaq and Rujoo

Answered according to Hanafi Fiqh by Askimam.org
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 we did marriage only in presence of two witnesses without wali and Qazi..Ijab-o-qabol was done in presence of witnesses along with decided Mehr..after some months my husband gave me first talaq over message but later we did Raju and soon after that my husband started saying that from now on he has given the right of talaq to me and i’ll be the one who will have the right to give divorce i always said no that i don’t have right..

now after nearly 1.5 years we had a terrible fight and i asked my husband to give me talaq..he asusual said that u have the right to give it if u want it u r free to say it.. i again said no i dont have the right only u can give me talaq n u have to free me..

we had arguments which resulted in me saying “fine i have the right so m giving u talaq” but again we did ruju a month later fighting on the same issue my husband said m giving u talaq while talking on call…later some hours ago he called me to make me understand that divorce has not taken place bcz he does not have the right to say so instead i have i said no i dont have the right u r the one who had it n u’ve said it..

he was determined that he does not have the right to say so n i have it..i said no i don’t have right to divorce u but for u m saying i give u talaq but i dont have the right…we both have made this situation much critical and not knowing what to do we need your guidance.. any advice in this regard will be grateful.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Nikah you refer to is valid. The first Talaq and subsequent Rujoo is also valid. The right of divorce given by your husband to you was confined to that sitting. You have rejected the right, hence, you cannot divorce your husband. Therefore, your statement of issuing the divorce is invalid. 

In principle, when the husband issues the right of divorce to his wife, that does not cancel his right of divorce. Therefore, the husbands statement giving a Talaq is valid. If you’ll wish to reconcile, he will have to make Rujoo. Remember, if he gives you one more divorce, that will be the third one which will permanently terminate the Nikah. Your husband should exercise precaution.

 

And Allah Ta’āla Knows Best

Mufti Ebrahim Desai.

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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