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Family Conflict Leads to Unintentional Talaaq: Seeking Guidance from the Quran

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: There was a discussion going on between me and my husband in which my father in-law was called upon and my sister in-law came forcefully in the discussion and she came to hit me were my husband was avoiding her from hitting me suddenly my father in-law started hitting me snatching the Quraan from my hand which I was reciting and was in my hand before the discussion started. Then I called my father were my sister in-law hit my father with her leg and pushed him on sofa. Suddenly my father went on pushing my sister in-law and my father in-law came in between so my husband felt that my father hit his father which is not the truth and he got horribly angry. This fight became so big that my husband lost his temper and his rational state of mind and he had become an animal and his sister went on invoking him to say talaaq from his mouth which he said thrice to me in the state of unsound mind with the heights of temper just because his sister had invoked him to do so. neither he had an intention of giving me talaaq nor he was even aware of what he was he doing at that time or what was he uttering also. We both were having a normal married relationship. Please help us in the light of Quraan. Please keep in mind all the situations and our intentions. We don’t want our relationship to be hurt due a third person. My husband loves me a lot and so do I and we trust Allah also a lot. Please issue a fatwa in our haq where shaitaan is defeated. Please it’s a humble request.

Bismillaah

A: If your husband issued three talaaqs in anger, three talaaqs are valid and the nikaah has terminated. Hence, it is not permissible for you both to continue living together.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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