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Validity of Talaaq Given Without Waiting Period After Childbirth

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Just wanted to find out something. I was given three talaaqs from my husband not long after giving birth. I recently heard that the man has to wait until the 40 days after childbirth is over. There was no one present when he gave me the three talaaqs neither was the mosque/moulana that got us married notified about this divorce till date. Is the divorce valid or does he need to give it to me again.

Bismillaah

A: The three divorces are valid and the nikaah has terminated. It is no longer 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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