Fatwa ID: 08433

 

 

Written by: Mufti Sibghat Ullah

 

Question:

 

On the 27th October me and my husband had an argument which got a bit physical. He went upstairs to call his sister, while he was on the phone talking to her I went up, he was telling her how I kick him out the room every time we argue and I was trying to put my point across that I only do it when he does something wrong. He got angry and said to his sister she kicks me out of the room I’m going to take her out of my zindagi and I’m going to give her thalak Quran Pak ki kasam I’m going to give her thalak. So I interrupted and said you said it twice might as well say it three times, he turned to me and said in Punjabi

 

 
“Thalak e Thalak e Thalak e keh diya theen bar Thalak e And then he goes “hogai thalak”

 

 

Within half hour when everyone started to gather at my house and everyone said you gave her divorce. He wasn’t believing it saying “I didn’t have the intention to give you thalak I was angry, I went to speak to my sister about our situation and you came up If you didn’t come up I would have never come to find you and give you thalak I didn’t know just by saying it It happens. I thought I need 4 witnesses etc, qnd then he kind of just went into shock like what has just happened, we have 4 children between 1-8, it wasn’t even a big argument so we are both really in shock to what’s happened. 

 

 

Anyway he asked a scholar in Pakistan a Mufti also Darul Ifta and they said it’s not thalak as he said it in janoon anger and we got back together within the iddath period. This month I’m having doubts if we are in a halal relationship or not? I also have a voice note of him saying thalak.

 

 

 

 

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

 

 

Answer:

 

Divorce is generally given in the state of anger, He has said the clear words of divorce three times.[i]

 

So, your divorce is done, and your marriage has ended.

 

 

References:

 

[i] Fatawa Hindiya, Book of divorce, Chapter 2 in occurring of divorce: –

وان قال المرة أنت طالق وطالق وطالق ولم يعلقه بالشرط إن كانت مدخولة طلقت ثلاثا

And if he said to the woman: “You are divorced, divorced, divorced,” and he did not attach the condition to him, if marriage was consummated, then she is divorced three times.

 

 

 

Only Allah knows best.

Written by Mufti Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham