Husband said the word Talaq several times

Fatwa ID: 03270

Answered by: Mufti Eunus Ali​

Question

 

I want advice that my husband says word talaq to me several times before and recently we had an argument and he said talaq talaq talaq to me and after he said now I have given you talaq. He is not a religious person at all means very less knowledge after he said these words I told him that our relationship is finished now because u said it three times.

As I mentioned earlier that he said talaq just talaq before but I told him if u said them words our marriage will be finished but he said he never meant it when he says also he said that these are only words.

we have a daughter we don't want to end this we both really really worried also when I discuss this matter in front of his parents I said in anger that you said it before now I am saying that our relationship is finished does that count as well please is that divorce valid if not then how many divorces took place what we can do to get back together .please I need my answer as soon as possible JAZAKALLAH

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful 

 

Answer:

 

When the husband issues his wife three explicit talaqs, whether it be on three separate occasions or in one go, their marriage will terminate immediately and it will not be permissible for the couple to reconcile the marriage or remarry until the wife marries a second person after completing her iddah period (3 menstrual cycles) and also consummates the marriage with him (the second husband); thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband), the wife is allowed to re-marry the first husband. This process is termed halalah.[1]

 

As you have mentioned, your husband has issued you talaq several times before this occasion and as they are explicit and clear they will take effect irrespective of his intention.[2]

Therefore with the third talaq being issued the marriage has been terminated and the iddah period has commenced.

Moving forward, to continue living as ‘husband and wife’ will not be permissible and needs to be abandoned until the process of halalah is completed as mentioned above if you wish to reconcile the marriage.

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1]Al-Lubab Fi SharhilKitab, Page 457, Al-MaktabatulUmariyyah& Al BinaayahSharh Al Hidayah, Volume 5, Page 474-475, Darul Kutubul Ilmiyyah 

[2]Al-Badai’ As-Sanai, Volume 4, Page 222, Darul Kutubul Ilmiyyah 

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