Fatwa ID: 02418

Answered by: Moulana Muhammad Imad Ali

Question:

My husband and I had an argument and I asked for talaq out of anger as a response of me provoking him he said ( you are talaq). Then the next day before he revoked it, we were discussing the issue and he said ( I have already given you the talaq) and we were back together after that. A day later we were talking and he said I did (let you go) 2 days after we were talking about some investment and I said I want to do it and he replied to me saying  (just listen to yourself and say why I get mad take your talaq then and go if you want to do things alone)

can you please guide me ASAP ? How many talaqs did he give me?

Answer

بسم الله الرحمن الرحيم

Firstly, when the husband has clearly issued a Talaq 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)

According to the above mentioned scenario your husband has issued you with one Talaq because his later statements are referring back to his initial Talaq.

Only Allah knows best.

Written by Moulana Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham