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How do I know if me and my husband are still married or if it is best for us to divorce?

Answered as per Hanafi Fiqh by Askimam.org

My husband and I do not get along. Every arguement we have leads to talking about divorce. We bring out evil in each other. He does not pray and around him I feel my belief slipping. I prayed to Allah to help me yet I feel I was not answered. Plus 6 months ago he said “Talaaq”, 3 times. I was told that in anger it didn’t count. Have I been living in sin for ^ months? Pleas can you help me, he won’t even consider mediation as he says our problems are non-islamic.

Answer

According to the information provided, if your husband uttered Talaaq three times, Talaaq-e-Mughalladha (permanently irrevocable divorce) has taken place. However, the Iddah will be regarded as over due to the fact that Talaq was given about 6 months ago. It is not permissible for you and your (ex)husband to stay together as husband and wife.

Talaaq given in anger takes place. Very seldom people give Talaaq when they are in a joyful mood. Make sincere Tawbah for your sin of staying with your ex-husband after three Talaaqs. Allah Ta’ala will forgive you, Insha Allah.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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

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