Divorce in Anger and Subsequent Doubts

CategoriesDivorce [572]

Fatwa ID: 05249

 

Answered by: Mufti Eunus Ali 

 

Question

 

My husband was angry and gave me 3 talaqs in one sitting. My 2 married daughters were present at that time but now are denying it. At times he’s saying he didn’t say and other times he says he didn’t mean it and wants to take his words back, he is regretting it and putting pressure on me to get back with him. he says it’s not a divorce. Could I know if this is a divorce and if it is what is the way to get back together?

 

 

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

 

Answer

 

Firstly 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 after completing her waiting period marries a second person and consummates the marriage with him; 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]

 

Secondly, it is not necessary for witnesses to be present at the time talaq is issued.

 

In regards to your question as you have stated that your husband has said, ‘he didn’t mean it’ and ‘wants to take back his words’ is his acknowledgment of issuing the three talaqs and therefore they will take effect.

 

Hence to reconcile the marriage or get back together, the process of halalah will need to be completed as mentioned above.

 

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and Approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

[1] Al-Lubab Fi Sharhil Kitab, Page 457, Al-Maktabatul Umariyyah

 

 

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