Talaq – Three Simultaneous Divorces

Answered according to Hanafi Fiqh by ShariahBoard.org

Salaam-Alaikum, 

About 11 months ago I had a bad argument with my wife, during conversation, she was repeating that I want to get separate from you, I said if you don’t wish to live with me , so do I.

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I said Talaq to her, I don’t remember that I said three times or two times, but she is saying that I repeat it three times. there were two other people too, my father in-law and my sister in-law she is over 18. None of them remember how many times I repeat those words.

During that time she was pregnant. Also I had no knowledge about saying Talaq while your extremely angry over an issue. I believed when your at your state of your mind, and under no pressure so you could use divorce her.

Later those months still she was pregnant, I said during one of those extreme arguments, She said, I want to be separate from you, I said, if you want divorce, okay , I divorce you.

Right now we are not sure, are we still husband and wife according to the shariah law or not.
I would like to mention this, we are a family who recently moved from Afghanistan, We have three children age of 8yrs, 3yrs, and 4 months. We still have some issues, but none of us want to be separate from each other also I didn’t mean to talaq her at first place or second place. I want to stay with my family protect them.

W. Saalam,

الجواب وبالله التوفيق 

In the situation inquired about you mentioned that you issued divorce, however, you don’t remember whether you issued two divorces or three, but according to your wife’s statement, you issued three divorces. (This was the first instance).

You had another argument after a few months and you again issued divorce. In either situation, the three divorces took place. In the first instance according to your wife three divorces took place, therefore, it is not permissible for your wife to stay with you. But if you do not acknowledge these three divorces, while your wife heard them and is fully convinced of this fact, then in the absence of witnesses it is compulsory for the husband to take an oath. If the husband refuses to take the oath then the wife’s statement will be considered as the truth and she will become مطلقہ مغلظہ (irrevocably divorced). If the husband (i.e. you) takes an oath that he did not issue three divorces then she would remain your wife and as the wife heard the issuance of three divorces she would have the right to take Khula’ and come out of the Nikah.

المرأۃ کالقاضی اذا سمعتہ او اخبرھا عدل لا یحل لھا تمکینہ۔ الخ

(فتاوٰی قاسمیہ ۔ ج 17، ص 607)

Three divorces still took place in the second situation, as though you are denying issuance of three divorces in the first instance, but admitting to issuing two divorces. Hence, these two divorces and one divorce of the second instance, in total lead to issuance of three divorces. Threrefore, the wife became مطلقہ مغلظہ (irrevocably divorced) and حرام (Haram) on her husband due to the issuance of three divorces. It is not permissible to live together without performing شرعی حلالہ (Shara’i Halalah).

Note: The divorce is only issued in anger, no one issues divorce happily.

و ان کان الطلاق ثلاثا فی الحرۃ و ثنتین  فی الامۃ لم تحل لہ حتی تنکح زوجاً غیرہ نکاحا صحیحا و یدخل بھا ثم یطلقھا او یموت عنھا ۔

(فتاوٰی قاسمیہ ۔ ج 7 ص 512 ۔بحوالہ عالمگیریہ)

 واللہ اعلم  بالصواب

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