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Saying Talaq 3 times in Anger http://www.islamonline.


Question: I am a computer engineer by profession. I am married for 4 years and alhamdulillah, I have a 3 years old little daughter. I am a Sunni Muslim (hanafi) from India, working in Saudi Arabia and I have my family here with me in Saudi Arabia. Only we three are in the home (me, my wife and our 3 years old daughter) This happened one year ago, me and my wife had a verbal fight, we both raised voices and in much anger I utter these words (I am divorcing (talaq) her, in one sitting and the words were repeated three times). Sir, this happened without any intention and without any pre plan. I was not able to control my anger and I was not aware of what I am saying and was not able to stop myself uttering these words during that time. It did not came to my mind even once that I am uttering these words or I will utter these words. Even I dont remember my words clearly now my wife says something and I remember something else . After some time we told sorry to each other and also went to perform `UmraH and prayed Allah to forgive us for what we did. We are together and leading normal life then after. Since then I did not use these words any time again. In sha' Allah, I will not use any time again. Few days before I was watching an Islamic program from Pakistan TV, someone asked the question about talaq and he advised them to consult a Mufti personally to get the issue more clear. After watching this program on TV I am tensed and worried. I am crying while I am alone. Sir, I kindly request you to clear my issue. To inform you more, I was having no intension or any plan to divorce her and nor I have any plan in future. All this happened only in the state of extreme anger where I was not able to stop myself uttering these words. Even while composing this letter my heart is crying and my eyes are filled with tears. Since then I am searching on the internet regarding this issue and I am getting confusing replies. Brother, we are religious people and my wife is fasting often and praying Allah to help us clear this issue. Please help me and give me your good advice. Your kind advice & answer will be very highly appreciated. Answer: In the Name of Allah, Most Gracious, Most Merciful. All praise and thanks are due to Allah, and peace and blessings be upon His Messenger. There are three things that must be clear in your mind. First the talaq word is valid in case of intention and joke, according to the hadith: Three are counted in case of seriousness and joke: divorce, etc. So, when you say that you did not have any plan of divorcing her, this does not change anything in the ruling. The second thing is that according to the Hanafi school, if you pronounce talaq three times, it is counted as three, which means you have no way of taking back your wife unless she marries another person and the new husband gets to divorce her willingly. However, according to the opinion of other scholars, it is considered as once, though pronounced in

triple form. The third thing you need to know is that the Prophet (peace and blessings be upon him), said: Talaq is not valid in case of ighlaq. One of the meanings of ighlaq is when the person is extremely angry that he is not aware of what he says. So if the case was exactly like what you described in your question, then I think you come under the third situation, and I hope that your divorce is invalid. Having said this, I must advise you to avoid using the word of divorce in any case. Allah Almighty knows best. ********************* Question: Talaq Question? The scenario is like that----- My self and my wife with four children live in New ZealandMy wife is syed (Ahlay Hadees) and I am sheik (Hanafi maslaq). One day after ishaan prayers attended tableeqi bayan after the bayan as normal went home and while having the dinner with my wife I started informing her what I heard in the bayan about the greatness of Allah and some Hadith that I heard.And on one Masala we started arguing on? The argument went very hot and I started abusing her and her family and it went very hot she also responded to me in abusive manner and it became very hot. We both got very angry and I could not control myself and grabbed her and hit her twice or thrice and pushed her (abused her badly physically) and then she started crying went in the bedroom and I was in sitting in the lounge on the dinning table.After some time she could not control her anger she came out of the room and she hit me with the belt. At this moment when she hit me with the belt on my head I could not control my anger and also hit her again and in that anger I said to her talaq talaq talaq.Did talaq take place or it is counted as one talaq ?No one was their at the time of this fight between me and my wife? My wife was pregnant at the time this happened with fourth child?I realised what I did and we repented to Allah for getting angry and seeking forgiveness what mistake I have done. I cry a lot to Allah for the sin that I have done BUT need to know if Talaq take place? When I said I was not aware of how to give talaq to ones wife no knowledge about proper Deen.What shall I do now I did not have any intention of giving talaq but in anger I said that words? We were a very happy family I am worried now what to do? --------------------------Divorce in Islam is the most hated of all the permissible actions in Islam. Since marriage is a solemn contract in Islam, one is not allowed to break it for trivial reasons. We are to try our utmost to maintain the sanctity of family life by choosing to behave in affectionately. The Prophet said, 'The best of men are those who are the most affectionate to their wives." Allah says, "Among His signs is this: He created for your spouses of your own kind in order to relate with them in tranquility, and He has implanted mercy and love in your hearts.." Allah orders the believing men to treat their wives


kindly and compassionately. Now coming to your question: whether the words you uttered after provoking each other into a fit of anger without any prior intention to do so: My answer is: it does not constitute a valid divorce according to the preferred view of scholars such as Imam Ibn Abideen and Ibn al-Qayyim. Their ruling is based on the tradition reported from the Prophet, ''there is no divorce in a state of mental blockage". In other words, if he is in a state of extreme anger in such a way that he is not fully aware of his actions, then that is not reckoned as a valid pronouncement of divorce. Imam Ibn alQayyim explains: one of the signs of this is that the person who does so regrets having done it when he comes to his full senses. So if you regret that you have uttered these words when you cooled down, then the divorce is not valid. You need to ask forgiveness of Allah and return to your wife. Having said this, I must advise both of you to seek professional counseling immediately in order to save your marriage. Both of you need to learn how to control your anger and resolve issues without turning to physical or emotional violence. I see this as the most important issue for you to tackle in your marriage. *******************************
1. If a person utters the divorce in a fit of rage or fury whereby he may be technically considered temporarily insane, then such an utterance is not to count as a valid divorce. 2. If a person utters the divorce in a state of anger fully aware of what he is doing as well as the subsequent consequences then such a divorce is valid, and if the utterance is a third divorce, then there is no recourse to reconciliation and the couple are deemed unlawful to each other. Any intimacy after that is considered to be an illegal sexual relation and might be considered zina (adultery). To claim that a divorce said out of anger is invalid is both baseless and irrational, since there is no legal text that claims that mere anger acts as a valid impediment, nor do people generally utter the divorce in a state of jubilation divorces are nearly always uttered out of annoyance and anger. In general, couples should contact a scholar who is known to be trustworthy and knowledgeable in these matters who will analyse each case separately. Individuals should not apply general rulings related to alq on themselves due to the sensitivity of the matter