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Talaq while being threatened for life

Last updated: 21st September 2024
Question ID: #10883
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Assalamualaikum. I am asking on behalf of my friend Dr. Mamoun and his wife. Both of them are physicians and married for about 5 years and have a 1 year old daughter. They are going through a lot now so I am asking this question on their behalf. Their marital life is apparently healthy except some intimacy issues. Last week they started a quarrel over a small thing which turned into a big fight. At a point the wife took a sharp vegetable knife and put it on the throat of husband and threatened him to give her 3 talaaq. The husband said he won't be giving any talaq even if she kills him. Then the aggressively angry wife held the knife on her throat and said, "If u don't give me 3 talaq now, I will kill myself now, give me talaaq now" the husband thought that she might really cut her carotid arteries and die and he may get into trouble and in fear to calm her down He said, "Talaaq, Talaaq, Talaaq" After that both of them calmed down. Husband said, I said that to save your life and not to fall in trouble. I did not mean it. Wife Said, I was just scaring you. I dont want a talaq. Dr. Mamoun and his wife knew some scholars personally around them, they got 3 different answers from 3 of them when asked about it in details. 1. Your talaaq has not taken place as you did it to save your wife's life. You are good. 2. Your 3 talaaq has been accomplished and you cannot live together anymore. You must get separated at once. 3. Giving 3 talaaq in one sitting counts as one talaaq. You can take back your wife and continue your family The husband got more confused when he started browsing the Internet and listening to different famous scholars giving different rulings. They are sincere and want to follow what is right and not to get into sins. They don't want to ruin the life of their daughter as broken family kids are looked down a lot in their culture and many goes through mental trauma. They are really desperate to keep the family going in the right Islamic way. Please advise the right way to deal with this situation. We would be grateful if you tell us why other fatwas are not right. JazakAllah khair



بسم الله الرحمن الرحيم

الجواب حامدا ومصليا

According to the Hanafi Madhab, a divorce pronounced by the husband when he is forced by his wife or compelled by a family member or anyone regardless of the nature of force used, a Talaq will occur. So altogether three Talaq has taken place. Without the process of Halala your wife will not be able to go back to you.

Halala process: qa.muftisays.com/?5146

ويقع طلاق كل زوج اذاكان بالغا عاقلاسواء كان حراأوعبداطائعاأومكرهاكذا في الجوهرة النيرة....واذا قال الرجل لامرأته أنت طالق ولايعلم معنى قوله أنت طالق فانه يقع الطلاق الخ

(الفتاوى العلمكيرية ج.1 ص.353 رشيدية)


And Allah knows best

25 Rabiul Awwal 1446/ 29 September 2024

Mufti
Answer last updated on:
29th September 2024
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Ulamaa ID 04
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