Three Talaqs given after the Nikah has broken

CategoriesDivorce [570]

Fatwa ID: 01667

Answered by Mufti Mohammed Tosir Miah

Question:

Three Talaqs given after the Nikah has broken

 Answer:

Bismillah

The words which effect divorce are of two types:
1) Clear and plain words (sareeh)
2) Ambiguous and allusive words (kinaya)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc… Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah  p.359 v.2 & Fatawa Hindiyyah p.354 v.1)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah p.373 v.2 & Fatawa Hindiyyah p.374 v.1)

The kinaya words effect a talaq bain (irrevocable divorce) when one intends divorce by them. (Hidayah p.374 v.2)

When your husband said in Urdu that the marriage has finished and he intended talaq with those words then a talaq bain will occur straightaway and the nikah will break. You can redo the marriage within the iddat or afterwards in the presence of two male witnesses or one male and two female witnesses. Also a new dowry will have to be set.  (Fatawa Hindiyyah p.472 v.1)

Regarding your second question, three talaqs given after the nikah has broken would not be counted.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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