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Is talaq valid if the husband said it with the intention of saying “in-sha-Allah” in his mind?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My brother in law married a woman who embraced Islam to provide support to her. My sister was frustrated with this step of his and forced him to give divorce to that woman. That lady was married to some other person (kafir) but did nikah with this lady. Afterwards he gave that lady talaq on phone in presence of my sister. Is that talaq valid? Now he says that he told in-sha-Allah in his mind before saying talaq 3 times and that talaq is invalid. Could you put light on conditions in which talaq remains invalid?

Answer

(Fatwa: 1861/1316/L=1432)

After how many days of her conversion your brother in law married her? Whether she experienced three periods during that or not? Write these points and submit the question again, then in-shaAllah, you shall be replied.

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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