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Clarification on Talaq

Answered according to Hanafi Fiqh by Askimam.org

Assalamualaikumwarahmatullahiwabarkatahu ​ Mufti Sir​,

I wish to seek your valuable opinion on the  consequence of Talaaq Ahsaan given by my son Mohammad Azam  to his wife Humaira, who delivered a baby before  giving Talaaq hasan and Talaaq-ul-bid’at,
1       The Nikaah between my son , Mohammad Azam and Humaira was an arranged one,  duly solemnized on 15 /11/2016 in accordance with the Islamic rites and ceremonies  in the presence of relatives and friends.  At the time of marriage Meher amount was fixed at Rs. 25,000/- and paid to Humaira on 16/12/2016.

2       On 23/12/2016, without any sufficient and just cause,  without  the consent of my son, Humaira  left the Matrimonial House and started staying with her parents

3       As we did not receive any communication from Humaira or from her parents for nearly three months,  on 17/03/2017, I addressed  an Informal Letter, without making any allegation,  to  her father  to know his intention and the stand they wish to take.

4        On 23/03/2017 I received a letter from their advocate,  making  false and baseless allegations against me and my son, clearly  establishing  that they were not interested to continue the alliance.

5       In  spite of their negative approach,  I sincerely  made all possible  efforts for reconciliation of the marriage  through  my  brothers and  her uncle  and relatives, to which there was no positive response from their end.

6       When all the efforts put up by relatives and friends to resolve the dispute was failed and without any hope of any outcome,  on 17th June 2017, my son  gave Talaaq Ahsaan  to his wife  Humaira   in the presence of two witnesses and Imam.  The Talaaq Ahsaan sent through courier was duly received by Humaira.

7       On receipt of the Talaaq Ahsaan, instead of reconciliation, through another advocate, repeated the false and baseless allegations against me and my son. However I still approached my brothers and  her uncle and common friends for reconciliation but I did not receive any positive response.

8       Ever since my son  gave Talaaq Ahsaan  to his wife  Humaira, he abstained and had no physical contact of whatsoever nature with his wife Humaira.

9       Before giving Talaaq hasan and Talaaq-ul-bid’at, I came to know that Humaira  delivered a  baby  in the last week.

10      Being scholars & well versed in Islamic Law and highly respectable Imam, kindly  enlighten us the consequences of issuance of Talaaq Ahsaan  on the delivery of his wife Humaira before giving Talaaq hasan Talaaq-ul-bid’at,  Is it according to Holy  Quran and Hadees, the Talaaq becomes absolute and iddah  period deemed to have been completed?

 

Answer

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

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

There seems to be a misunderstanding between the terminologies of Talaq.

Talaq is classified into three categories[1];

1)    Ahsan at-Talaq: A man issues his wife one divorce in such a clean (from menstruation) cycle in which no sexual intercourse took place. After issuing the divorce, he leaves her until her ‘iddah (waiting period) finishes.

2)    Talaq as-Sunnah: A man issues his wife three divorces over the period of three clean cycles.

Some scholars have classified Ahsan at-Talaq and Talaq as-Sunnah to fall under the broad definition of Talaq as-Sunnah.[2]

3)    Talaq al-Bid’ah: A man issues his wife three divorces either in one statement or in one clean cycle.

If this is done, the divorces will occur but he will be sinful.

Points 9 and 10 of your query is not clear.

When did the birth of your grandchild take place? Did your son issue any Talaq after the childbirth?

Kindly give us a detailed account of the divorce and birth, in date order, for us to issue a ruling.

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA 

Checked and Approved by,
Mufti Ebrahim Desai.

____


[1] مختصر القدوري (ص: 154)

الطلاق على ثلاثة أوجه: أحسن الطلاق وطلاق السنة وطلاق البدعة

فأحسن الطلاق: أن يطلق الرجل امرأته تطليقه واحدة في طهر لم يجامعها فيه ويتركها حتى تنقضي عدتها

وطلاق السنة: أن يطلق المدخول بها ثلاثا في ثلاثة أطهار

وطلاق البدعة: إن يطلقها ثلاثا بكلمة واحدة أو ثلاثا في طهر واحد فإذا فعل ذلك وقع الطلاق وبانت منه وكان عاصيا

[2] اللباب في شرح الكتاب (3/ 37)

وجعله الكرخي على ضربين: طلاق السنة، وطلاق البدعة

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

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