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Divorce

Last updated: 11th December 2024
Question ID: #11245
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Assalamualikum Me and my husband have a very big problem and we are seeking immediate assistance. I would kindly like to share my situation with you first. Prior to the problem, me and my husband have been facing a lot of obstacles within our marriage. We recently got married in September 2024, since then we have been facing a lot of issues i.e: financially, within the family (loss of mother), my husband suffered a car accident and also myself miscarrying a child. This was a lot of stress in itself to take on board, for the both of us. With all this stress to take on board, I had to seek medical assistance too. Meaning, visiting my DR and explaining my mental state to him which he then also prescribed me medication. I miscarried my baby on the 07/12/2024, the loss of his mother also happened 4 days before me miscarrying, a lot had happened. Me and my husband got into an argument via phone call, we were both talking over each other. Nobody was listening to one another, the phone call then ended by my husband, whilst I was still talking. When this happened, we immediately started texting each other very rapidly, not reading each other’s responses again because of how much of our emotions were built up at the time, it was a very nasty moment. My husband was already not in a clear state of mind, he doesn’t remember where he was, why he said it, or what he said. He was severely angry to the point of insanity. I provoked my husband on top of that to divorce me because I was already grieving and going through so much pain and stress, I wasn’t thinking about this with a clear mind aswell. My husband then stated the word “Divorce” 3 times over a Whatsapp message. I didn’t know what to do, however on the other hand, my husband’s intention was to only divorce me ONCE to regain control of himself and the situation. We are a young couple that have got married in our early 20’s. We both have limited knowledge and understanding on the severity of what the word “Divorce” could cause. Nobody has taught us on the field of divorce. We have never once thought of divorcing or separating from each other in general. We never thought divorcing each other would be an option for us, because we only had the intention to spend both of our lives together. We both willingly agreed to marry each other, we would’ve never come to this point in our lives if we had understood the severity of the word “Divorce”, like I had previously mentioned before, we are a very young couple with no knowledge or very limited to no knowledge on the word “Divorce” and how it works. My husband is willing to take an oath and prove himself what his intentions were. Truly speaking, only Allah Ta’ala knows his intentions. He is clearly stating that he thought saying the word “Divorce” 3 times in 1 occassion constitutes 1 divorce (warning) to the wife. Is there any way you can help us? What would you advise us to do? We follow the Hanafi school of thought, so we feel this would work best for us. Jazakum Allahu Khairan for your guidance, may Allah Ta’ala reward you endlessly for your efforts in helping the community. Wa’alaikumsalam.



بسم الله الرحمن الرحيم

الجواب حامداومصليا

May Allah relieve you of all hardships and grant you ease in your matters. Ameen.

When a husband utters Talaq in the state of extreme anger but it does not reach insanity and he was aware of what he was saying then Talaq will occur.

According to the Hanafi opinion, When Talaq is pronounced three times altogether the three Talaqs will occur. Then the wife will be Haram for him until she marries someone else, consummate the marriage and gets a divorce.

Know, that Talaq issues are sensitive matters. It is better for one to honestly present his case to his local Mufti directly to obtain a ruling on his matter.

الثالث أن يكون الغضب وسطا بين الحالتين بأن يشتد ويخرج عن عادته ولكن لا يكون كالمجنون الذي لايقصد ما يقول ولا يعلمه والجمهور علي أن القسم الثالث يقع به الطلاق
(كتاب الفقه علي المذاهب الاربعة ٤/٢٩٤)

And Allah knows best

10 Jumadal Thaniya 1446/ 12 December 2024

Mufti
Answer last updated on:
14th December 2024
Answered by:
Ulamaa ID 04
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Location: London