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Issuing talaaq without having knowledge of talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q:

1- Without having any knowledge of divorce by giving divorce or demanding for divorce can divorce take place? God is ever forgiving.  If we ask for forgivness, will he forgive us or he will still punish us for that which we were not aware of?

2- If two divorce were given by using word “divorce” two times just to get out of house in fight. Will those two divorce count?

3- Can Allah forgive woman in haiz if she makes some stupid decision or ask for divorce from husband and husband says divorce word two times without having intention to give her divorce and she stops him (it means she didn’t mean it) will that still count as divorce?

4- In haiz, women go through a lot of sentimental and emotional mood swings. If she demands for divorce will that be considered?

5- There has to be intention of giving divorce or divorce just takes place anyways?

I have heard that God is always forgiving. Ask him for forgivness if you make any mistake. Without having intention or any knowledge, he’s kind and he will forgive. He won’t be unfair with anyone. Does divorce mistake not count in this?

Bismillaah

A:

1. If a man (husband) issues a divorce then the divorce is valid whether he had knowledge or not.

2. Yes.

3. The divorces are valid.

4. If the husband responds by issuing a divorce then the divorce will be valid.

5. It takes place without intention.

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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