IslamQA

Talaaq-e-baain and irrevocable talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Me and my husband has had many arguments for the past 2 years. And everytime he keeps saying “Tum meri taraf se farigh ho” – “Tum meri taraf se poori farigh ho” and at the same time he also keep saying “I dont want anything to do with you. Leave this house and do what ever you want to do and go where ever you want to.” Sometimes he says sorry and sometimes we dont talk for weeks.

1. Does that mean that he divorced me completely? Am I still in his Nikah or not?

We had arguments again today where he said “Tum meri taraf se farigh ho” and I said if you dont want to keep me then tell me clearly that you are divorcing me. But then he tells me to write down myself that I want a divorce from him. Even though its him who keeps saying it. I never wrote it down on a paper. I dont want to get divorced.

2. What does Talaaq e bain mean? Im a bit confused about what it is.

3. And what is “Revocable Talaaq”? And “Irrevocable Talaaq”? And what is the difference between them?

Bismillaah

A:

1. If the word faarigh is equivalent to divorce in your usage and area then you are divorced.

2. It is where the husband had alluded to divorce in some ambiguous words, like he says, “Pack your clothing and leave.” He has intended and alluded divorce and it will amount to one divorce and the marriage will be broken.

3. Baain talaaq can be revoked with the renewal of nikaah. Generally when irrevocable talaaq is mentioned it refers to issuing 3 divorces. In the irrevocable divorce the wife is no longer halaal for him until she remarries another man and the second husband issues her with talaaq after consummation.

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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