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فتاویٰ > Social System > Triple Talaq

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f:830 -    Issues about Talaq
 Country : Hyderabad, India,
Name : Withheld
Question:     Assalam Alaikum! My  husband told 3 times talaq in one time and that too 3 years back in my aunt house and now he is telling that he didnt gave from his heart. He told in anger and now they want to meet. Again he wants to be with me. He said he got fatwa from muftis. So this is correct or wrong. Please reply soon. I am eagerly waiting for your response. JazakAllah.

One more thing before telling talaq, two months before when my cousin brother went to his home, he has typed the msg on his cell \" some date is tariq ku talaq hogaya\" and he showed this to my cousin brother and asked him to go and tell her.

I have 2 little daughters also, so we have put on him maintenance case and now the judge has told to pay the maintenance. they r refusing to give. He has fallen from masjid 2 years back. So he is telling he cant give anything. But his father is a retired teacher and he live in his own house. and more plots are also there.

Please solve my problem.
Please give me fatwa.

AllahHafiz


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Answer:     The ruling in the light of the Hadith is that if any person says the word, "Talaq," then the intention is not considered, as the word "Talaq" is used only for separation between the couple.  It has got no other usage and sense.  Thus, if the husband used the word "Talaq," without any intention, even then divorce occurs.  As given in Sunan Abu Dawood, Vol. 1, Pg No. 298, Hadith No: 1875:

Translation:  It is narrated on the authority of Hadhrat Abu Hurairah (May Allah be well pleased with him) that the Holy Prophet (Sallallahu alaihi wa sallam) said:  There are 3 things in which seriousness is also seriousness and joking is also seriousness: Nikah (Marriage), Talaq, Raja'at (i.e. uniting after the first revocable divorce).

As given in Durre Mukhtaar, Vol. 2, Pg No. 465.

Thus, in your case divorce has been affected.

Even after the divorce, the expenses of the children are the responsibility of the father.  The father has to take care of the expenses of the children.


And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
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