Category: Divorce (Talaaq)
Fatwa#: 41213
Asked Country: Angola

Answered Date: Oct 02,2018

Title: “I give you divorce, I divorce you, I divorce you.” Has talaq occurred?

Question

Due to issues with my relatives, 2 years back my wife showed her wish to get divorce from me and she was to stay at her mother home to meet them. I told her to think for 1 week and then tell me your decision. After 2 days she told me that I have analyzed every thing and that state of mind was just in anger. She told me that ups and down are in the life of every one and she cannot live without me and we are happily married with 2 kids from last 10 years. She has a low temperament and starts shouting.

I also have low temperament and get extremely angry but tried to control my anger from last 15 years and to an extent I had controlled but after having the problem high sugar, I again have low temperament and get extremely angry.

during our recent fight with word of mouth, she was continuously misbehaving and shouting I told her to reduce your volume and donot shout but she continuously shouting at me. During extreme anger I assumed she may want to have divorce and marry someone else. I shouted and told her what you want you want Divorce? I give you divorce, I divorce you, I divorce you. She replied that I never wanted to have divorce and I have never asked you to give me divorce from last 2 years then how you are saying like this. I told her I was in extreme anger and was not in my own control I thought you want it but I never had the intention to give her divorce. After slip of tongue I was surprised how I can say like this.

Question # 1

Conditional Talaq:

My words of Talaq were based on the condition that she wanted to have divorce but she told that she never wanted to have Talaq (Divorce). Please advice if the condition was not fulfilled then what is the status of Talaq (Divorce).

 

Question # 2

3 Talaq at 1 time continuous sentence:

I had spoken these words in one sitting in one line what is the status of Talaq?

I give you divorce, I divorce you, I divorce you.

 

Question # 3

Talaq Said in Extreme Anger

I was in extreme anger due to her continuous shouting and assuming that she wants to have divorce whereas in reality she never wanted so.

Please advice on the status of Divorce.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You said to your wife, “I give you divorce, I divorce you, I divorce you.”

This statement constitutes a talaaq-mughalladhah (an irrevocable divorce). A talaaq-mughalladhah demands immediate separation between the spouses. Reconciliation can only take place after halalah with a renewed nikah.[1]

 

And Allah Ta’āla Knows Best

Mizanur Rahman

Student, Darul Iftaa

UK

 

Checked and Approved by,
Mufti Ebrahim Desai.

 

 


[1] الأصل للشيباني ط قطر، أبو عبد الله محمد بن الحسن بن فرقد الشيبان (المتوفى: 189هـ)، دار ابن حزم، بيروت، لبنان (4/ 392)

وبلغنا عن رسول الله - صلى الله عليه وسلم - أنه إذا طلق الرجل امرأته ثلاثاً فتزوجت زوجاً غيره أنها لا تحل للأول حتى يدخل بها الثاني ثم يطلقها

 

 الأحكام الشرعية في الأحوال الشخصية، محمد قدري باشا (المتوفي: 1404هـ)، دار ابن حزم، بيروت، لبنان ص: 83

فلا تحل لمطلقتها بعد الثلاث من نكاح صحيح حتى تنكح زوجا غيره ويفارقها بع الوطء في القبل وتنقضي عدتها.

 

فتاوی محمودیۃ، مفتی محمود حسن گنگوہی (المتوفى:1416هـ)، جامعۃ فاروقيۃ، کراچی، پاکستان (12/397)

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