Fatwa: # 19089
Category: Divorce
Country: United States
Date: 25th November 2010

Title

My husband and I fought and I asked him for divorce. He said, "Ok, you are free. Tallak tallak tallak." Does talaq take place?

Question

Salam. Me and my husband fought and I ask for divorce and he said I won't give it to you; but after few more fights he said ok you are free from me, tallak tallak tallak. But I don't have any place to go, I am all alone here so after all that he said let's forget everything and we started living together as we were... does tallak take place or not? It’s been one month now. What should I do?

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

This is a most unfortunate and grievous situation. A husband and wife should never allow their marital quarrels to reach such a pinnacle. Muslims, rather mankind in general, must be cautious regarding their actions as each person is responsible for his or her actions. If a person is careless in this regard, the repercussions will be severe. In this case, you and your husband allowed your emotions to overcome your better judgment; as a result, your husband divorced you. Moreover, he issued three divorces whereby one would have sufficed. There was absolutely no need for him to utter the words of divorce thrice. We thus regretfully inform you that the divorce has taken place and that it will not be permissible for you to continue your previous relationship and live with him as husband and wife. We advise you to perform your iddah and refrain from any type of relations from your previous husband. After the termination of the iddah you will be free to remarry another husband. We would also recommend that you be very cautious in the future in regards to your actions and statements.  

And Allāh knows best.

Muftī Yusuf Ibn Yaqub
Washington, DC (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

 

Under the Supervision of Muftī Ebrahim Desai (South Africa)

 

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DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
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