Fatwa ID: 05273
Answered by: Mufti Eunus Ali
Question
Recently I was going through a misunderstanding path with my wife and previously I have given in different times two talaq. One was a complete mistake many years ago and another in a sad time in the last year.
I didn’t want to give any talaq so I made intention Allah I’m not going to give it to her clearly and texted her you can have your divorce meaning it’s not in my power to give this thing and it’s not from me as I don’t think it’s good so I worked like that. But I know it didn’t make sense because I purposefully did this to ignore that I have to give it myself for it to be accepted and didn’t want Allah to accept it. Please tell me inshallah this is ok because I’m trying to make good amends with us as I clearly know I didn’t intentionally do a talaq to her rather I rubbed it off as something I don’t want.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
My understanding of the above is that there are two possible scenarios:
- The text message ‘you can have your divorce’ was in response to the wife seeking a talaq. If this is the case the talaq will take effect completing three talaqs.
Furthermore, 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]
- The text message ‘you can have your divorce’ was you giving your wife the choice to issue herself a talaq which is also accompanied by the intention of talaq.
If this is the case, then the wife has the right to issue herself a talaq in that sitting which will need to be declared immediately after receiving the message. If she decides to issue the talaq it will take effect.
However, the right of issuing the talaq will be restricted to the setting in which the wife receives the message.
Hence if the wife leaves the setting or busies herself with any other matter then the right to issue the talaq will be lost.
If the message was not accompanied with the intention of talaq, then even if the wife declares that she has issued herself a talaq it will not take effect.
This is because the intention of talaq is a requirement from the husband when handing the right of issuing a talaq to the wife.[1]
Only Allah knows best
Written by Mufti Eunus Ali
Checked and reviewed by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Al-Lubab Fi Sharhil Kitab, Page 450, Al-Maktabatul Umariyyah
[1] Al-Lubab Fi Sharhil Kitab, Page 457, Al-Maktabatul Umariyyah
