In a marriage contract of a couple, it is written “The wife is permitted to divorce her husband”. The husband agrees with it half willingly as it is the state law and he had no other option. In a quarrel, the husband said, “I have wanted to give you divorce many times”. He also might say (he cannot remember if he said these words). Now if you want to give me divorce, then do it! You have the right of divorcing me”. Then the wife said very angrily, 1 talaq, 2 talaq,3 talaq. But it won’t be counted, right. Only men can say that. Fine, I will file a divorce against you. Later, they realized their mistake and the wife said, “I was sure that my saying talaq 3 times will never be counted as talaq that is why I said that, as I was out of mind in anger. But if I had the slightest idea that it might have been counted, I had have never said that. Please note that according to the law of the state, the only option to talaq is to do so by signing the divorce papers. My question is, if their marriage remains valid or not.
Answer:
(Fatwa: 1338/858/D=1432)
(1) “Now if you want to give me divorce, then do it. You have the right of divorcing me.” The authorization of talaq to woman was not valid, since it has these words (If you want to give me divorce …) whereas the talaq is give to woman not man. Then no talaq will take place by saying of the woman in its reply one talaq, two talaq, three talaq; because the authorization itself was not valid, then the talaq as well will not take place.
قال فى الدر (فانك طالق ليس بشى (شامي زكريا ص49) قال الشامى لان كلية الطلاق قائم بها لا به فالاضافة اليه اضافته الى غير محله فيلغوا ، ولهذا لو ملكها الطلاق فطلقته لا يقع (بحر)
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband