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talaq pronunced once- does that talaq stand?

Last updated: 24th August 2006
Question ID: #2295
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asalaamu alikum wrwb,

Q- a man has pronunced i divorce you to his wife, upon hearing this she left assuming she is divorced. it has been a year since he gave her the divorce, is the woman divorced now? or can he take her back?

is the divorce only valid pronunced three times in three occassions or 3 times on one occassion? does this tallaq pronunced once with husband having no intention to take wife back a valid talaq?
Jazakullahire brother for answering this very importan question facing a sister in islam.


Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah's guidance)



1) Yes, She is divorced.

If the Divorce was issued clearly (Sarih) just once or twice, it will be permissible for the husband and wife to re-unite, within the Iddat period. Otherwise a new Nikah will have to take place.


2) Both situations the Talaq will take effect.

Know, that Talaq is of three types: Hasan (proper), Ahsan (more appropriate) and Bidi' (innovative, not conforming to the Sunnah).

The Ahsan form of divorce is that a man divorce a woman with a single Talaq during her period of purity from menstruation during which he has not had intercourse with her. He then leaves her alone (does not cohabit with her) until she completes her waiting period (Iddah).

The Hasan form, which is also called Talaq Al-Sunnah, is that a woman whose marriage has been consummated be divorced with three Talaq in three periods of purity (one in each).

The Bidi' form is that he divorce her with three Talaq in a single statement or three Talaq in a single period of purity. If he does this, the divorce takes effect, but he has sinned.

(Al Hidayah, Chapter: Talaq Al-Sunnah (divorce conforming to the Sunnah)



And Only Allah Ta'ala Knows Best.
Mufti
Answer last updated on:
18th September 2009
Answered by:
Ulamaa ID 04
Website
Location: London
Mufti Qamruzzaman

London, UK