A Talaq case

Fatwa ID: 02240

Answered by Mufti Mohammed Tosir Miah

Question:

A Talaq case

Answer:

Bismillah

Firstly, when the husband has clearly issued 2 talaqs, regardless of it being issued verbally or in a written form, the wife will start her waiting period immediately. During this waiting period if the couple decide to reconcile their marriage, they will be permitted to do so without performing a new marriage.

Secondly, when certain unclear phrases (cannot determine if it is a general statement or talaq is intended) such as “you are not wife material,” “I have had enough of you” or “I don’t need a wife like you” are used, which are accompanied with the intention of talaq, a divorce absolute (talaq bain) will take place. This means that the wife will begin her waiting period immediately and it will not be permissible for the couple to reconcile their marriage without repeating the nikah, in which consent from both parties are required etc.  (Al-Lubab Fi Sharh Al-Kitab, Page 444, Al-Maktabatul Umariyyah)

In conclusion there are two possible outcomes for your situation:

  1. If the husband has only issued the 2 clear talaqs and did not intend a talaq with the phrases (as mentioned above), only the 2 talaq will occur and the wife will commence her waiting period immediately. It will be permissible for the couple to reconcile during the waiting period.
  2. If the husband intended to issue a talaq by using the statements mentioned above or the prevalent situation dictated that talaq was intended, then after issuing the 2 clear talaqs, it will result in 3 talaqs being issued, hence the wife will immediately begin her waiting period. (Raddul Muhtar, Volume 4, Page 540-543, Darul Kutubul Ilmiyyah & Al-Badai’ As-Sanai, Volume 4, Page 403, Darul Kutubul Ilmiyyah)

Only Allah Knows Best

Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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