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Talaq

Last updated: 17th June 2006
Question ID: #1970
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Salaam,
I will be brieft. My wife and i argued and our marriage has been plagued with problems. During argument i said to her that "I am divorcing you (or "I am going to divorce you") and then i said "I have given you Talaaq". Then i left the house and after an hour i phoned her. She said to come home as i only said talaaq once. She started to nag me so in order to stop her from that i said to her that "Am not coming home. Its over, its finished (meaning our marriage).I meant all three talaaqs (I know i didnt mean all three when i said talaaq at home but only said it here to stop my wife from nagging me). I thne hung up. Now what i would like to know is are we still married or has all three divorces taken place? I have been contemplating divorce for some time as we have never seen eye to eye with regards to anything. Her parents have always got involved heavily and i've never been able to say anything to my wife without others giving their own interpretation.

One more thing is that when i said divorce and the subsequent telephone conversation, i very much wanted my marriage to be over but cant say for sure if my intention was all three talaaqs.

I await your reply.

Jazakallah



23rd Jumad-al-ulaa 1426 - 19th June 2006
Bismihi Ta'aalaa

In this case here, three Talaaqs have taken place
regardless of whether you deny making an intention of
divorce or not. The reason for this is that prior to
your uttering "Am not coming home. Its over, its
finished (meaning our marriage)." a discussion of
divorce was taking place (Muzakarat-ut-Talaaq).

This stands in place of intention.

Allah (SWT) Knows Best.

Mufti
Answer last updated on:
30th June 2006
Answered by:
Ulamaa ID 03
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