Writing 3 Talaqs with the Intention of One – Pakistani Deed of Divorce

CategoriesDivorce [537]Tagged , , , , ,

Fatwa ID: 03706

Answered by: Alimah Sabrina al-Faarsiyyah

 

Question

Assalamualaikum,

I need your help and guidance according to shariah.

My husband sent the attached deed of divorce in Pakistan at my parent’s house while I was in the UK. This states the talaq statement 3 times. On the other hand, he sent me a text message saying it’s only one time. He says this was the only acceptable format in Pakistan otherwise the court was not accepting the paper. He says that his father and elder brother are witness of his words that he is not divorcing me and it is only for some legal purpose (which I am unaware of).

 

Now according to Hanafi Fiqh, Muftiya Ikraam are saying that there is no reason for the continuation of the marriage as his sayings and intentions are conflicting his act. I need to know your opinion, please.

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

 

Answer:

If the husband has issued three divorces (talaaqs) through a written document with clear and explicit writing in which he has addressed his wife, then divorce has occurred.[1] The intention is not taken into consideration when the husband uses explicit wordings. Therefore, you are now irrevocably haraam upon him.

 

 

Only Allah knows best

Written by Alimah Sabrina al-Faarsiyyah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 


[1] Raddul Muhtaar 4/442, al-Maktabah al-Ashrafiyyah

 

 

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