Home » Hanafi Fiqh » Darulifta-Deoband.com » Is talaq given as per Islamic law illegal if attempts at reconciliation are not made?

Is talaq given as per Islamic law illegal if attempts at reconciliation are not made?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamalikum, I am a lawyer, recently there are several judgments of high court and supreme court holding the talak given as per the islamic law as illegal and holding that for the dovorce negotoations and attemts should be made for reconcilations and if they are not made such talak is illegal . What will be the position of the marraige and talak in this circumstances, please reply.

Answer

(Fatwa: 237/227=J)

Husband should be sane and grownup while giving talaq. If any sane and grownup person utters words of talaq for his wife, the wife will be divorced and consequently she will have to observe all rulings of talaq:

ویقع طلاق کل زوج اذا کان بالغاً عاقلاً، کذا فی الجوھرۃ (الھندیۃ: 1/353، البحر: 3/426)

As far as the matter of reconciliation between wife and husband is concerned, it is desirable act but it is not necessary to precede talaq to take place. If any court makes dialogue and reconciliation effort as compulsory before nikah and nullifies the previous talaq before reconciliation effort, then this ruling is against Shariah and it is not acceptable for a Muslim.

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.

Read answers with similar topics: