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Is talaq valid if husband said “I will give talaq” but swore on Quran he had no intention?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
assalamoalaikum, my question is about validity of nikah, during an argument my husband said” I WILL GIVE U TALAQ ,then talaq talaq twice.after that he swear on QURAN SHARIF that he had no intension to give talaq. he only warned that.in tis case is talaq happened? because he didnot say that he was giving talaq. he said ‘ he will give talaq” please answer my question as soon as possible. because everytime my mind is full of waswasa about validity of my nikah.i will be highly obliged to you. jazakallahkherun.


(Fatwa: 328/253/L=1432)

In the question mentioned above, when your husband said, “I will give you talaq”, no talaq occurred on you with this. But when after it your husband pronounced talaq, talaq two times, two talaqs occurred on you. After that if both of you continued living together like husband and wife, it sufficed as rajat (revocation). In future, if your husband gives you one talaq, all three talaqs will occur on you. By giving talaq in clear-cut words, talaq takes place without intention as well. Also, it is not necessary for talaq to take place to say “I gave talaq”.

Note: If the husband said “talaq, talaq two times” immediately after the word “I will give you talaq”, and by it he meant to emphasize his words, then no talaq shall take place. So, if the wife and other people present there bear witness that he said it immediately, then the statement of husband shall be accepted with oath with the effect that he only intended to emphasize on the word talaq adjacent to the word “I will give you talaq”. Otherwise, the ruling shall be according to what is written in the original answer. (D)

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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