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Fatwa #  16999  from South Africa    Date: Sunday, August 10th 2008  
Category
 
Divorce (Talaaq)
Title
   Please advise my husband and i had a fight and he said i Talaaq u and said so 3 times. No one else was at home besides the 2 of us, does this mean that i am now divorced. Please do advise soonest
 
Question
  

Please advise my husband and i had a fight and he said i Talaaq u and said so 3 times. No one else was at home besides the 2 of us, does this mean that i am now divorced. Please do advise soonest

 
Answer
  

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

There is no need to have a witness for talaq to take place.  If a wife is given three talaqs, then it is not permissible to re-marry her until halala takes place. The procedure of halala is that after the wife completes her iddat of talaq, she will have to marry another man and consummate the marriage. Thereafter, the 2nd husband will give her talaq and she will complete the iddat of this talaq. After the expiry of her iddat, she may re-marry the first husband if they desire to do so.

And Allah knows best

Wassalam

Mufti Ebrahim Desai (F2)
Darul Iftaa, Madrassah In'aamiyyah

 

 

 
     
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