Mubin M. Shaikh 7,alrahat flats, Juhapura,Ahmedabad-55,gujarat,India. Sub.:-Need help on this issue of talak of my brother-in-law Dear sir, My brother-in-law(Shaikh Mohd. Azaz Mohd.Jahangir) is merried with Shaikh Nafish Abdul Latif in year of 29-5-1999. after 8 month of merriage due to quarrel between husband and wife ,Azaz said 1 time Talak to Nafisa.and there is no witness to this talak. Azaz saying i have given 1 time talak only and nafisha(wife) says 2 time talak given by azaz on that day. after this matter they both live together for 10 years and they have 2 daughters now. between this time period they have done Hajj also. On date 8-5-2010 due to quarrel between Nafisha and Azaz ,Nafisha uttered harsh words to azaz and his father and force azaz to say talak ,due to angreeness azaz said 1 talak to nafisha in presence of his father. so my question is 1. Is this talak given (feb-2000) before 10 years is valid or not? 2. Talak given(8-5-2010) in angriness and asked forcefully by her wife by exciting him is valid or not? So what is your answer we need as soon as possible with your signature. Kindly help us. Mubin Shaikh
Answer:
(Fatwa: 1288/B=264/tb=1431)
In the first incident of talaq, there is difference between the spouses regarding the number of talaq. The husband is confessing one talaq while wife refuses it and claims two talaqs. This matter turned controversial. So you should file this case in your nearest Darul Qaza or Shariah Punchayit, whatever decision they come with, follow the same.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband