Fatwa ID: 05361

 

Answered by: Maulana Abdul Qadeer Tariq 

 

Question

I got married to an Australian who converted to Islam just a few days before marriage.   He has a Muslim background from his grandparents’ side but he never followed Islam and never read Quran.  In November 2016 during a fight I was alone with my husband, in his intense anger he said talaq talaq talaq in two seconds.  

 

I was really shocked by what he had said to me then he said I can go from here. I was on my clean period at that time.  

 

The next morning he was really worried, he said he did not really mean to divorce and he said these words to finish the fight which was getting worse.  

 

He never read the Quran or Hadith so he never knew what is the correct method for divorce. He said that he never knew about that saying three times talaq, the divorce occurs.  

 

He didn’t want me to go from his house  and he apologized to me for that. But I left his house the next day and did not go back. Now, it’s been seven months and we are still separated. He really wants me to come back and I also want to go back.  

 

I want to know if that situation did divorce happen or not?   We searched online some say it is divorce and some say it is not because we need two witnesses.  

 

Some say that it counts only one divorce,  and some say divorce doesn’t take place in anger. Please help us and guide us according to Quran and Sunnah, if someone who converted to Islam and does not know much about Islam and Quran and didn’t really mean to divorce, what should he do? How can I go back to my husband in this situation after seven months?  

 

 

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

 

Answer

 

There are two types of divorce in Islam: 

 

Sareeh: This is when the husband explicitly and clearly issues his wife a divorce and there is no possibility of the statement having an alternative meaning. A revocable divorce (Talaq-E-Raji) will take place. This means that after the issuing of such a divorce the wife will begin her waiting period immediately. If during the waiting period the couple decides to reconcile the marriage they may do so without repeating the nikah (marriage ceremony). 
 

If however the waiting period (three menstrual cycles) has come to an end and the couple then decides to reconcile, the nikah (marriage ceremony) will have to be repeated along with its conditions etc. 

 

An example of this type of divorce is that the husband says to the wife ‘you are divorced’ or ‘I issue you a talaq’ etc.

 

In this category, the intention of the husband will not be taken into consideration. 

 

Kinayah: This is when the husband uses unclear phrases or words accompanied with the intention of talaq are used to issue a divorce to the wife. A divorce absolute (Talaq-E-Bain) will occur as a result of this which means the couple will not be allowed to reconcile the marriage without performing the nikah again with its conditions (such as having witnesses etc.). 
 

 

When the talaq is implicit and not clear, the intention of the husband will be taken into consideration. 

 

The conclusion of your question is that it falls under the first category.  (Talaq Sareeh) 

 

But in your case, as your husband uttered the words of talaaq three times clearly as you mentioned, whether he had the intention of talaaq or not, all three talaaqs have taken effect immediately. (Fataawah Hindiya, Darul Ishaahat, page number 325) 

 

After your iddat period has been completed (3 months), you are free to marry another person as there is no way back to your first husband unless your second husband willingly divorces you after marriage, and the iddat period of 3 months is completed again.  

 

 

Only Allah knows best. 

Written by Maulana Abdul Qadeer Tariq 

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham