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Is a husband’s talaq valid if said in anger without intention?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
My sister got married eight years ago and Alhamdulillah, she has no child till now and she is a house wife. We are Sunni Muslim (Malik) from India. This happened on 1 July2012, my sister had a verbal fight with her husband, according to my sister both raised voices and in much anger. My sister’s husband uttered these words (Talaq-Talaq-Talaq) to her in very anger but thereafter he is feeling remorse and saying this happened without any intention and without any preplan. He was not able to control his anger. After some time he told sorry to her. And does not want to go away to each other and want live together peacefully. I request you to please clear the issue. What is the Shariah ruling if husband says talaq 3 times to wife in very anger and without any preplan or intention?

Answer

(Fatwa: 1218/797/H=1433)

In the case mentioned above, three talaqs took place and the wife became haram. After completing the iddah she can marry anywhere she wish except her previous husband. It is explained in Bukhari Vol. 2, p. 791 etc. It is nonsense as per the Shariah what the husband says that it was without an intention and in the state of anger and thus the three talaqs did not take place. He is unaware of the Shariah ruling. In short, in the question mentioned above three talaqs took place and the wife became haram. And also without halalah Shariah the option of taking her back and new nikah came to an end. It is not lawful rather it is haram for both of them to live together.

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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