Fatwa ID: 01651

Answered by Mufti Mohammed Tosir Miah

Question:

I have been separated for six months my husband issued the first of three talaks he will then give the second talak a month later and the third the month after. I want to know is this right and do I have to perform iddat? 

Answer:

Talaq is of three kinds.  

1. Talaq Ahsan is to give one Talaq in the period of purity in which no intercourse took place. He then leaves it until the expiry of period of iddah.
2. Talaq Hasan, also known as Talaq Sunnah, stands for the Talaq given to the wife with whom sexual intercourse has not taken place or the three Talaq given to the a wife with whom sexual intercourse took place  in three periods of her purity provided he has not done the intercourse in these three periods of her purity. This category can also stand for giving three Talaqs in three months to the woman who does not have “menses” for example a girl below the age of puberty or the pregnant woman or the woman who has ceased `menses.
3. Talaq Bida is to give Talaq twice or thrice in one period of purity (either repeating the word Talaq on three or two occasions or all three, on one occasion. (Hidayah p.354 – p.355 v.2)

Regarding your question, if you are a woman who still has menses the sunnah way of giving talaq will be for the husband to give you three talaqs over a period of three menses, one talaq after the completion of each menses. However, if you are a woman who does not experience menses, then three talaqs over a period of three months will be considered sunnah, one talaq after the ending of each month.

Iddah will be obligatory in the aforementioned scenario even though the husband and wife may have been living apart from each other for a number of months or years. (Aapke Masaail p.414 v.5)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.