Home » Hanafi Fiqh » ShariahBoard.org » Divorce Ruling

Divorce Ruling

Answered as per Hanafi Fiqh by ShariahBoard.org

Asalamelekum Hazarat,

 
My husband was talking to my uncle and his brother and I was in the same room. He said divorce three times but me and my uncle forgot what he said before that. We are both talking to our teacher (a sheikh in newyork)  and he told me that  my husband told him he said ” next step is divorce.  Divorce, divorce, divorce”. Hazarat am I divorced? 
A night before he was angry and he ran after me with anger saying ” as for (about) divorce ” I closed the door and he said nothing. As far as I remember, he has said divorce one time during our 16 years on two different occasions. Jazakallah for your help. May Allah reward you greatly.
 
Maasalam

الجواب وبالله التوفيق      

Your question has three parts. In the last part is the narration of the past event, therefore, there is no need of response for that part.

In the first part is the mentioning of yourself and your uncle hearing the three Talaq but with the explanation of the husband those relate to the future, therefore, it will come under the category of the promise of Talaq which will not result in any divorce taking effect.

In the second part there is only mentioning of the discussion about Talaq. If at time either, the husband actually didn’t give any Talaq then no divorce took effect.

However, if there is any other situation then write in the details as occurred for response.

قال الزوج أطلق۔ طلاق می کنم فکررہ ثلاثاً طلقت ثلاثاً بخلاف قولہ سأطلق طلاق کنم لانہ استقبال فلم یکن تحقیقاً بالتشکیک

 (عالمگیری کتاب الطلاق۔ فصل سابع)

واللہ اعلم  بالصواب  

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

Read answers with similar topics: