Fatwa ID: 03971
Answered by: Maulana Javed ibn Nazir Kachhalia
Assalamu alaikum wa Rahmatullah,
I am a revert I got married as a second wife. I have been mentally a bit unstable for some time due to 1) Black magic done on me as a teenager and 2) the problems I have been through.
In this marriage whilst in anger and in an emotional state, I asked my husband to give me three talaqs, on different occasions. He didn't want to but I forced him to and he said it over the phone. I want to know if this is valid if I have made him do that and he did not want to, and also my state of mind was not normal at the time.
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
In regards to your query;
It has been mentioned in ‘Fatawa Hindiyyah’ (nearest meaning):
If the wife says to husband: “give me three talaaq”, the husband says: “I have given you baain talaaq” this will be counted as three talaaq. If the wife says: “give me three talaaq”, the husband says: “You are divorced”, this will be counted as one talaaq. If the husband replies: “Indeed I have divorced you”, this will count as three talaaq.
Therefore, if your husband said, “I have given you three talaaq” or “you are talaaq (divorced) three times”, the three talaaq will take place.
Only Allah knows best
Written by Maulana Javed ibn Nazir Kachhalia
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
Fatawa Hindiyyah Vol 1, Page 391, Darul Kutub Alamiyyah