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The Validity of Husband and Wife Relationship in Islam: Talaq and Divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have a question regarding a relationship that a husband and wife have and I would like to know is this relationship valid or not.

1) Firstly I know a family that a husband has a bad temper and there is always a fight between them and the husband says to wife that I give you hundred times “Talaq” in front of the 10 year old child and the wife still lives with the husband and even today the child is an adult but the child always feels guilty about his parents relationship. Is this valid in Islam?

2) The wife does not accepts this but then the wife keeps telling the family members that my husband abuses me saying me that you are”Divotce” there take “Divotce”, I would like to clarify that the husband uses sometimes “Talaq” which is arabic word where the marriage comes to end, but when the husband says “divorce” in English or any other language, is it still valid and when the wife confesses that my husband says “divorce ” to me, is this confession by the wife valid that the wife is admitting that the husband is using the word divorce for her. According to Islam this relationship is very delicate I want to know how does this works, sometimes the wife admits it and sometimes she denies it. The children feel guilty about their parents relationship and want to know how this can be rectified?

Bismillaah

A: Since the husband had issued three talaaqs, the nikaah has terminated. It is no longer permissible for them 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.