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My ICU Stay Altered My Mindset and My Marriage: The Battle Over Talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I got married three months ago to a boy few days after nikaah. He went back home as his parents didn’t know he was married and he told me he will be back before the school opens. Ever since then we started fighting. I landed up in ICU two weeks after our nikaah. I was then sedated for 2 weeks after wards whereas my mind set was altered  and a lot of things wasn’t remembered and I remained in hospital for six weeks until discharge. Few days after I landed in ICU I was apparently fighting with my husband via sms, most of which I cannot recall, as my mindset was altered and apparently talaaq was given and I don’t know in what manner or how it was said, or written, because my mindset was altered I was sedated everything was blurred as I was having status epilepticus so they kept me on rivatrol sedated and I was merely opening my eyes few times a day for few minutes in 4 weeks. I refute his talaaqs completely and don’t accept it. He cannot prove these talaaqs as he doesn’t have these messages to show me.

Bismillaah

A: If your husband issued the talaaq, the talaaq is valid even though he had deleted the message.

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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