Fatwa ID: 05856
Answered by: Alimah Zakiratul Hoque
Question:
On the 31st of January, I went to drop my son off at my in-law’s house where my wife is living nowadays. She is living with her mum because a year ago someone told her that I am getting married in Pakistan which was not true, I went to Pakistan to see my dad as he wasn’t well. When I came back we argued every single day then one day I told her to go live with her mum as everyday arguments are not good for our son. I thought that if we live apart for a bit we will be ok. All this time we have been meeting on the good term for the sake of our son.
My mother in law was not well for 2-3 months she was looking after her so I didn’t bother her. My son wrote me a letter on 28th January in which he mentioned that he wanted to see me every day. I was worried about him so I called his mum in the car on 31st January 2021 (17:00) to talk to her about moving in with me as my son Hisham is suffering. She said to me we will move in when her house mortgage will be sorted. I told her to move in for a month to my flat so we come to know that we can live together or not. She said, she is not going to move into the flat as she will move into the house with me. I said to her I can t wait any longer as Hisham (my son) is suffering. She said to me you are doing this because you have a plan to divorce me. I replied I don’t have any such type of plan as you are the mum of my son and I know why you are not moving in with me because of your family (mum and brothers) she replied that you are supporting someone in Pakistan referring to my brother’s family, which I never supported she always accuse me of that. We always had big arguments about it and We started arguing that day again. I got really angry, and I lost my mind, and I said to her I am giving you 3 talak. It was unintentionally. As soon as I said it I realise I did this wrong. I didn’t know that She later told my sister in law that she was fasting and her mind was not in the right state and we both end up arguing for nothing. We both are now regretting what had happened.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Firstly, your intention is not considered here as your statement was explicit.
النية في أحد نوعي الطلاق و هو الكناية
“Intention is considered in 1 of the 2 types of Talaaq: Kinaayah (implicit)” (Badai Al Sanai, Vol 4, Pg 271)
Giving 3 Talaaqs in 1 sitting is considered Talaaq Bid’ah:
فطلاق بدعة نوعان: نوع يرجع إلي الوقت و نوع يرجع إلي العدد … و أما الذي يرجع إلي العدد فهو إيقاع الثلاث أو الثنتين في طهر واحد لاجماع فيه
“Talaaq Bid’ah of two types: one that relates to time and one that relates to number… As for the one that relates to number, it is the combination of three or two in one period of purification due to gathering them in it.” (Badai Al Sanai, Vol 4, Pg 253)
i.e., when 3 Talaaqs are given together in 1 period of purification (the time between 2 periods)
The conclusion we can come to is the 3 Talaaqs which you gave has resulted in your marriage with your wife being broken.
Only Allah knows best.
Written by Alimah Zakiratul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
