IslamQA

Talaaq issued over the phone

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have been married for 10 years. I had my 1st talaaq when my duaghter was 2 years old. We reconciled soon thereafter and now I have my 2nd talaaq over the phone when my husband moved out for the second time. Is a talaaq valid over the phone?

His reason for moving out is because I am always skelling. He is never home and I am doing everything; seeing to the kids food and the house. Somtimes he comes home very late at night and I am not allowed to even ask where he was. I don’t know where he works or how much he earns. Furthermore I don’t know where he is currently staying.

He always wants things his way. He wanted a second wife 4 years ago and it never happened. Ever since then things haven’t been smooth. I told him that I’m going to MJC and he told me to because that is for people who doesn’t know their deen. Ya Allah I love him tremendously. When I asked him today if my talaq is finalized, he said he will call me tonight. When he moved the 1st time he told me he thought the separation would help. I asked him if we cannot mayb have a separation period then a talaaq he said he tried but he tried nothing. I am prepared to make this work, please help.

Bismillaah

A: The talaaq given over the phone is valid.

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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