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Talaq/Divorce

Answered according to Hanafi Fiqh by ShariahBoard.org
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AssalamoAlaikum Wa Rehmatullah Wa Barakatohoo,

 

May you find this email in best of health and Iman.

 I have attached copy of divorce paper. Have been 3 TALAQ done or one 

only as per FIQHA HANFI. Also, the husband wasn’t intend to perform TALAQ. He has given her divorce because 

of his family.

He had 3 children after this divorce. He thought TALAQ wasn’t perform.

الجواب وبالله التوفيق

Even if the husband issued the three divorces under the pressure of his family and thought that the divorces will not take effect being under pressure, the divorces still took effect. The statement of the husband that, “he did not intend to issue divorce” is unacceptable. The words used for issuing divorce were absolute and explicit and divorce takes effect in that situation even without intention. 

It does not matter if the person issuing divorce was serious or joking, or if he issued the divorce with or without someone’s pressure, such divorce still takes effect.

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.

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