Fatwa: # 14903
Category: Divorce (Talaaq)
Country: Pakistan
Date: 21st February 2007

Title

I've given talaq to my wife due to misbehave with me and my parents.

Question

I've given talaq to my wife due to misbehave with me and my parents. She was pregnant. Is that a sin of giving talaq? i've tried my best to not give talaq but couldn't do it. She was very hyper in anger. Now she claimed that there is no baby after some months of talaq. What should i do? She is agreed to giva a writing on the baby that there was no baby (i.e. haml). Now if dont pursue to investigate this issue, will i b sinful ?

Answer

In the name of Allah, Most Gracious, Most Merciful

At the outset we wish to point that if you believed your wife to be pregnant than you should not have divorced her. During pregnancy, a woman undergoes hormonal changes and imbalances. That impacts negatively on her emotions. As a husband, you must take responsibility for that. She is carrying your child. How could you distinguish between the emotions of pregnancy from normal emotions? If you are certain that she was pregnant, it is possible that she lost the child. Again that could be due to anxiety and high emotions after talaq. If so, again you will be responsible and sinful. You are concerned about the sin for not investigating the pregnancy. Why were you not concerned about the other sins?   

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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