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Divorce in the Future

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: I will like your input on this question about divorce: I was angry and my friend toldme to send this sms to my wife: “I will  give you talaaq” (Islamic divorce). I sent it. After few days again he said I must send the sms and then after few days send the same sms. Later I found she got the first sms and DID NOT GET THE OTHER 2 SMS because her phone was damaged and crashed. She sent a message after the first sms saying she was not clean (experiencing menses). A week passed. My friends said I am divorced. I will like to know where I stand on this issue because people are telling me different things and my friend didn’t explain to me how the talaaq works.

A: The Talaaq in your case is not valid because you had  related it to  the future. You said: “I will give you Talaaq”.  If you had said: “I give you Talaaq”, then the Talaaq would have been effective.

Since all three statements were the same, related to the future, no divorce took place. Your Nikah is still valid.

For future reference, remember  that  with Talaaq you are playing with fire. Once a valid Talaaq statement is uttered or written or sent by cell phone, the Talaaq comes immediately into effect even if the wife did not receive te message.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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