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Talaq done if wife 3.5 months pregnant? Iddah period? Child custody?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I am in Saudi right now and seven days back while talking to my wife over the phone (from Saudi to India) I said her talaq three times in anger. My question is, she is three and half month pregnant is talaq done. Secondly, if talaq is done then what about the iddah period for her? Third if any child is born who will take the custody of the child? Please reply soon..

Answer

(Fatwa: 1380/1383/M=1433)

Yes, when you admit that you gave three talaqs to your wife on phone then all the three talaqs took place on your wife without any doubt and you both became haram for each other. A pregnant woman will remain in iddah until she gives birth i.e. the iddah shall be over at childbirth. The maintenance of iddah period shall be levied on you and the woman shall have the right to nourish the child. The right of custody shall go to the mother in case of boy up to seven years and in case of girl up to nine years and you will have to pay the expenses of this period. After this period is over you can take the boy or girl into your custody.

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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