{"id":5151,"date":"2013-05-21T16:35:23","date_gmt":"2013-05-21T16:35:23","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=5122"},"modified":"2013-05-21T16:35:23","modified_gmt":"2013-05-21T16:35:23","slug":"talaq-to-a-pregnant-woman","status":"publish","type":"post","link":"http:\/\/daruliftabirmingham.co.uk\/home\/talaq-to-a-pregnant-woman\/","title":{"rendered":"Talaq to a pregnant woman"},"content":{"rendered":"

\n\tFatwa ID: 01251<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by<\/strong> Mufti <\/span><\/span>Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/span><\/strong><\/span><\/span>\n<\/p>\n

\n\t10 days back my sister came home (mother house) crying and says my husband divorced her. she is pregnet 1 month. she said my husband divorced me and says he dont need child also go and finish it. earlier he was beating her also and says he will give her divorce and she said that day he was very much angry he said me 3 times divorce\/Talaq and then says if you need more take more then he said 2 times more. but when we call her husand he said she is wrong I dint give her Talaq and I want to take her back Please tell us what we should do now…<\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\"Bismillah\"<\/span><\/a><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\tIn the name of Allah, the most Beneficent, the most Merciful.<\/span><\/span><\/span>\n<\/p>\n

\n\tThree talaqs issued to a pregnant woman is valid in Islam. This is the view of all the Schools of Fiqh.<\/span><\/span><\/span>\n<\/p>\n

\n\tIn the eyes of Allah \"sub\u1e25\u0101nahu, talaq is the most detestable of all the lawful acts.<\/span><\/span><\/span>\n<\/p>\n

\n\tIt is reported from Ibn-Umar [rahinrahu] that the Prophet \"\u1e63allall\u0101hu said: “In the sight of Allah \"sub\u1e25\u0101nahu, the worst of all halal (lawful) acts is talaq.” (Sunan Ibn Majah p146 v.1)<\/span><\/span><\/span>\n<\/p>\n

\n\tThere are three types of talaq and the most severe is the issuing of three talaqs. This irrevocably severs the marriage, whether such talaq was issued over a period of time, in one sitting or in one breath.<\/span><\/span><\/span>\n<\/p>\n

\n\tThere are numerous Ahadeeth where the Prophet \"\u1e63allall\u0101hu in spite of showing anger against the giving of three talaqs, enforced the three talaqs.<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tImam Nasaai \"ra\u1e25imahull\u0101h reports on the authority of Mahmud Ibn-Labid that “the Prophet \"\u1e63allall\u0101hu was told about a man who had divorced his wife by pronouncing three talaqs simultaneously<\/u>. Prophet \"\u1e63allall\u0101hu rose in anger and said: “What is this game being played with Allah’s book while I am present amongst you?” In the meantime a man stood up and said “Ya RassulAllah (Prophet of Allah) should I not kill him? (Nasaai P98v2)<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tEven though the Prophet \"\u1e63allall\u0101hu expressed extreme anger on the giving of three talaqs at one sitting, it is not<\/u> reported anywhere that he ruled the mans talaq to be revocable (i.e. to let the man have his wife back).  <\/span><\/span><\/span>\n<\/p>\n

    \n\t2.   Imam Bukhari <\/span><\/span><\/span>\"ra\u1e25imahull\u0101h<\/span><\/span><\/span> reports on the authority of Aaisha [rahinaha] that “a man pronounced three talaqs to his wife. When the woman married elsewhere, the other husband also divorced her. The Prophet \"\u1e63allall\u0101hu was asked, “Is this women lawful?” He said, “Not unless the other husband has had intimacy with her as was done by the first husband.” (Bukhari)<\/span><\/span><\/span>\n<\/p>\n

    \n\tThe words of this Hadith indicate that three talaqs were given at the same time.  <\/span><\/span><\/span>\n<\/p>\n

    \n\t3.    Imam Bukhari \"ra\u1e25imahull\u0101h reports of Uwaymir \"ra\u1e25imahull\u0101h who did lian (sworn allegation of adultery) against his wife in the presence of the Prophet \"\u1e63allall\u0101hu.Following that he said: “I shall be telling a lie if I retained her”. Then he gave her three talaqs before the Prophet \"\u1e63allall\u0101hu could give his verdict. (Bukhari P8 v2)<\/span><\/span><\/span>\n<\/p>\n

    \n\t4.   Hasan ibn Ali \"ra\u1e25imahull\u0101h said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather the Prophet \"\u1e63allall\u0101hu say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan al-Bayhaqi)<\/span><\/span><\/span>\n<\/p>\n

    \n\tTo sum up despite the fact that three talaqs invited the anger of the Prophet \"\u1e63allall\u0101hu there consequences in any event was that all three talaqs were ruled effective. (Extracted from Maariful-Qur’an p583-586 v1)<\/span><\/span><\/span>\n<\/p>\n

    \n\tThe question which you have posed is a scenario where there is a difference of opinions on how many talaqs were said. The husband is saying that he has issued no talaqs where as the wife is adamant that she heard her husband say talaq to her.<\/span><\/span><\/span>\n<\/p>\n

    \n\tThere is a principle in fiqh called “The woman is in the place of the Qadhi (judge)”.  This does not mean that the woman can make decisions and rulings like a Qadhi, it means that if the husband ever gives his wife a Talaq Baain (irrevocable divorce) or three talaqs and then wishes to keep her without halalah or a new Nikah then the Shariah has allowed her the right to become like a Qadhi. <\/span><\/span><\/span>\n<\/p>\n

    \n\tThis is because besides the two of them there are no other witnesses and the wife has no proof that she heard him clearly give three divorces\/talaqs.  If she is certain that he did in fact give her three talaqs or a Talaq Baain and in order to save herself from sinning by remaining to live with him as a wife, it will be obligatory for her to keep away from him.  (Bahrur Raaiq p.257 v.2)<\/span><\/span><\/span>\n<\/p>\n

    \n\tIf the wife is 100% certain that her husband gave her three divorces then the marriage with him is broken and she will be free to do what she wants.  An annulment of the marriage is not needed.  (Fatawa Rahimiyah p.318 v.8)<\/span><\/span><\/span>\n<\/p>\n

    \n\tHowever, if the wife is not sure how many times he has said talaq or she is sure he said it only once or twice then if he revokes (rujuu) the talaq or divorce then the wife can return back to her husband. However, if the husband does not want her back or if the wife does not want to go back because of her husband being abusive to her then she should contact the local Mufti or scholar who will arrange to have her marriage annulled with the husband. (Fatawa Darul Uloom Deoband p.42 v.9)<\/span><\/span><\/span>\n<\/p>\n

    \n\tFinally, the jurists have listed two ways of effecting a Rujuu, one by speech and the other by action.  It is more praiseworthy to make Rujuu by speech rather than action. (Raddul Muhtar p.24 v.5)<\/span><\/span><\/span>\n<\/p>\n

    \n\tTo effect a Rujuu by speech, the husband can say ‘I have made Rujuu’ or ‘I have retained you’.  The jurists have placed the condition of their being lust and desire on the part of either the husband or wife if Rujuu is initiated by action.  Rujuu will be effected whether the wife is in front of him or not however, where the wife is not present it is best to have two witnesses present.  (Raddul Muhtar p.25 v.5)<\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

    \n\tMohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham.<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    Fatwa ID: 01251 Answered by Mufti Mohammed Tosir Miah Question: 10 days back my sister came home (mother house) crying and says my husband divorced…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/5151"}],"collection":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=5151"}],"version-history":[{"count":0,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/5151\/revisions"}],"wp:attachment":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=5151"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=5151"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=5151"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}