Fatwa ID: 07730

Answered by: Alimah Saniyah bint Asrar

Question

I and my wife were fighting a few days back and during the heat of the moment I got so furious and clueless that I was not able to think what to tell her, and without thinking I uttered “Talaaq, Talaaq, Talaaq”. I repeated the word to emphasize what I said and not with the intention to pronounce it three times.

I did not have the intention to give her talaaq 3 times to make it final. In fact, the knowledge that I had was that saying it any number of times in one sitting will only count as one.

Please guide us and help us understand if this is counted as 3 talaaq’s or 1 talaaq as some Mufti’s say this is 3 while others say it is counted as 1. 

We both are worried and scared as we want to stay together however we don’t want to go into any Haram relation if the Talaaq is final. I request you please reply as soon as possible as few days have passed and we don’t know what we should do. I am very sure that I never intended to give her talaaq three times and was only repeating to emphasize.

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

Answer:

Divorce is a very serious issue in Islam. Uttering the words of Talaq in a state of anger, even if one’s intention was not to break the marriage, can still result in the marriage being invalidated. If the words of Talaq were repeated three times, regardless of the intention, the divorce becomes irrevocable. This means that both of you become impermissible for each other, and remarriage would not be allowed unless specific conditions are met, such as the woman marrying and then separating from another man.

Since you have given Talaq three times clearly, your marriage is permanently broken. You must separate, and your wife must observe the waiting period (‘Iddah). During this time, the rules of Hijab will apply between both of you as if you are strangers.

I understand that your intention may not have been to issue a divorce, but that does not change the ruling, especially when the Talaq was clearly pronounced. It is extremely important to exercise caution and avoid even considering Talaq during moments of anger, as it can have severe and irreversible consequences. Remember that while Talaq is permissible, it is one of the most disliked actions in the sight of Allah.

Only Allah knows best.

Written by Alimah Saniyah bint Asrar

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

اللباب في الجمع بين السنة والكتاب ٢/‏٦٨٣

(بَاب الطَّلَاق مَكْرُوه)

(أَبُو دَاوُد: عَن محَارب بن دثار، عَن ابْن عمر ﵁، عَن النَّبِي [ﷺ] قَالَ: «أبْغض الْحَلَال إِلَى الله تَعَالَى الطَّلَاق».

المصنف – عبد الرزاق – ت الأعظمي ٧/‏٣٣٩

عَنِ الثَّوْرِيِّ، عَنِ ابْنِ جَرِيرٍ، عَنْ عِيسَى، عَنْ عَاصِمٍ، عَنْ شُرَيْحٍ، أَنَّ رَجُلًا طَلَّقَ امْرَأَتَهُ ثَلَاثًا، فَشَهِدَ عَلَيْهِ قَوْمٌ أَنَّهُ يُجَامِعُهَا بَعْدَ ذَلِكَ قَالَ: «إِنْ شِئْتُمْ شَهَدْتُمْ أَنَّهُ زَانٍ»