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Issuing a talaaq after having intimacy with one’s wife

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: I have been separated for 10 months. My wife and I have had no contact during this time. She came to my house one night and we were intimate. The next day I had regretted and wanted to proceed with talaaq. I was advised that I cannot proceed with talaaq for 30 days because of the intimacy we had. My wife had her womb removed and cannot fall pregnant. Can I still request talaaq before the 30 day waiting period?

Bismillaah

A: The talaaq has to be in a state of tahaarat and in a state where there was no intimacy.

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

 

Answered by:

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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