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3 Talaaqs or 1

Answered as per Hanafi Fiqh by Askimam.org
I live in Pakistan, and I am not very religious. Neither is my husband. However he follows the Hanifi Sect. 

My husband and I had been going through a tough time because of a fight I had with his mother. The result was that I starved myself while being 3 months pregnant. When my mother came to town (she lives in another city) to resolve the issue, I went and lived with her for a few days, and during this time we tried to find a solution. AFter a week, I returned home, and all was fine, until at night my husband and I had a fight again. He stopped talking to me and I was hurt. The next day we had a huge fight and he threatened me that I can ask for my divorce papers whenever I want. I provoked him and he divorced me.

Now the issue is he claims he said it 3 times, I say he said it only 1 time. He regrets it now, but feels that he can’t have me back cause of having broken the Shariah. I think there is room for reconciliation since I never heard it 3 times. Plus he was in extreme anger – I have never seen him like this. Is there any way we can find a way? We both love each other. 


Legally as per law of the Land, we are married and husband and wife. 

Answer

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

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

Sister in Islam.                                                                                                              You enquire the Shar’ie (religious) ruling on the issue. That itself is an act of ibaadat and a sign of your religious consciousness.

We make duaa Allah Ta’ala grant you the courage to overcome your difficulties.

In principle if a husband claims he issued 3 divorces, that constitutes a Talaaq-e-mughallazah (an irrevocable divorce). The implications thereof being that the Nikaah terminated at that point and the spouses cannot live together as husband and wife.[i]

Furthermore, divorce issued in the state of anger is valid.[ii]

Allah Ta’ala says:

وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا

Translation: And whomsoever fears Allah, Allah shall create an escape for him.

Turn to Allah Ta’ala, make dua and submit to whatever is the ruling of Shari’ah.

And Allah Ta’āla Knows Best

Muhammad Yusuf bin Moulana Abdur Rahim Khan

Student Darul Iftaa
Chatsworth, Durban, KZN, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 


[i]مختصر القدوري (ص: 154)

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

 

 الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 293)

 كرر لفظ الطلاق وقع الكل

 

[ii] الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 244)

ويقع الطلاق من غضب خلافا لابن القيم اهـ وهذا الموافق عندنا لما مر في المدهوش

 

 

“The messenger of Allah said,” When Allah wishes good for someone, he bestows upon him the understanding of Deen” [Bukhari & Muslim] “- @MuftiEbrahim (Twitter)

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

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