Talaaq given via WhatsApp

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by: Maulana Imran Mughal​

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Question


Assalamu alaikum wa rahmatullahi wa barakathuh,


I first uttered Talaq via a what’s app message to her which I did not mean ..I was merely trying to scare her and was angry. I lose my temper to a point where I do not know.what I am doing or saying I recently uttered Talaq to my wife while she was bleeding from a miscarriage of our baby.



The second time I uttered Talaq to her while under intoxicating sleeping tablets and whilst very angry I did not know what I was doing. The sleeping tablets that I take makes me forget what I had said and done.



I do not wish to Talaq, my wife. Please advise me urgently as to whether I can still be with my wife.

 


 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


In the name of Allah, the Most Gracious, the Most Merciful 


 


Answer:


 


Your question states that you have given divorce three times:


  1. Your WhatsApp messages.

  2. At the time of the miscarriage.

  3. During your intoxication via sleeping tablets.


Divorces sent on WhatsApp messages are binding.[1] Now if you have given divorce in explicit words then your intention does not count, as you have used explicit words. In this case, one divorce will take place.[2]


Divorce will also occur in the second scenario if explicit words were used, again without looking at the intention.


As for the third scenario, divorce will not take place, seeing as the intoxication was due to taking sleeping pills, which will be classified as a form of medication.[3]


Therefore, seeing as two divorces have been given one is still remaining.


One thing to remember is to never get angry and resort to divorce, that will not solve any problems rather create more. If you are prone to get angry easily then a good step is to learn how to calm yourself easily as the Shariah advises.


 


Only Allah SWT alone knows best.


Written by Maulana Imran Mughal


Checked and approved Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


 



[1] Ibn Abidin, Raddul Muhtaar(Beirut, Dar al-Ma’rifah, 2011), 4:442.


[2] Ibid., 4:447.


[3]Ibn Abidin, RaddulMuhtaar(Beirut, Dar al-Ma’rifah, 2011), 4:433.


Ibn Nujaim, Al-Bahr ar-Rāiq (Beirut: DKI, 1997), 3:432.


FatāwaHindiyyah(Beirut: DKI, 2000), 1:388.


Al-Kāsānī, Al-Bada’I’ (Beirut: DKI, 2003), 4:213.


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