Home » Hanafi Fiqh » Darulifta-Deoband.com » Is talaq automatic in this case, given the circumstances?

Is talaq automatic in this case, given the circumstances?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I have been seperated from my partner/ex since 2004 now. She walked out with son and made a court case alleging domestic violence etc. After 3 years, Halhamdulillah, the son lives me. She lost her as court decided that she has mental illness. Is Talaq automatic in this case? I have tried to patch up with her but she swore at the case workers.I have also given her talaq over the phone 2 years ago and also some other time, without witnesses but she says do whatever. She also said that my mother will goto hell when she passed away.I need to move on as I am ill and has a son to look after. Please give some advice. Jazakamuullah Khairun. Wa Sallam.


(Fatwa: 456/375=D/1430)

When you admit that you have given talaq on phone and some other time, then the talaq took place. If you have given three or more talaqs, then all the three talaqs took place and she became haram for you, you cannot rejoin without a valid halalah. Yes, it was not talaq till the time you had only quarrel without giving talaq. Now, if you like you can marry anywhere else or marry the same woman after valid halalah. Bring up the child in best of religious ways, keep on praying to Allah and fulfilling religious obligations.

Note: If you did not give three talaqs (even if all put together), then please write the wording and number of talaq asking the question again, and enclose this fatwa too.

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: