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Wife Saying Talaq 3 times

Salaam. My wife told me “talaq” 3 times during an argument. Just so that there is no ambiguity in my question, the wife said “talaq” 3 times to her husband. Could you please advise if our marriage is still valid? Jazak Allahu Khayran

Answer

Wa’alaykum as Salām wa rahmatullāhi wa barakātuhu,

Allāh says:

“When you divorce women and they observe the Iddah period…” [Al-Qur’ān 2:231]

Based on the aforementioned verse, it is well-understood that the right of Talāq is the right of the husband.

A woman is not authorized to issue a Talāq to her husband; hence, the Talāq issued by a woman has no bearing on her Nikāh.

This is provided that the husband has not delegated the right of Talāq to her.

If the right of Talāq has been delegated to her then a Talāq will occur with her issuance.

Furthermore, she only has the right of Talāq as much as was delegated to her by the husband. If she was given the choice of one Talāq, she may not effect two or three.

In the current scenario, your marriage is still intact, provided that three Talāqs were not delegated to your wife.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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