Talaq through distorted words

CategoriesDivorce [560]

Talaq Through Distorted words 

 

In the name of Allah, the most Beneficent, the most Merciful.

Answer

 

The ruling in the Hanafi Fiqh with regards to mispronouncing and distorted words is that talaq will occur.

 

If the Husband prior to pronouncing these words made two witnesses and explained to them he is using these words in order to get rid off some doubts and that he has no intention of Talaq, then talaq would not have been executed through these words.

 

Ibn Nujaym (RA) the author of Bahur Raaiq, explainds the issue of mispronounced and distorted words of Talaq by saying;

 

“They are five, Talaq (With Taa), Talaagh (Taa), talaqh, talaak, talqak (with Taa). This will be effective in court and his (Husband) claim will not be considered unless he has witnesses prior to using the words, where he tells them that his wife is seeking a talaaq from this, but he has no intention to give her talaq, hence saying it like talaq. (Bahur Raaiq p.252 v.3)

 

As you have said the following statements four or five times then three talaqs will be executed. A person is recommended that if a need arises for divorce then only one divorce should be given. Despite this if three divorces were issued whether in one word or three separate words/sentences were used then three divorces will take place. (Hidaya p.355 v.2)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham

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