Category: Divorce (Talaaq)
Fatwa#: 36869
Asked Country: Australia

Answered Date: Oct 25,2016

Title: Talaaq before intercourse

Question

Assalam-o-Alaikum.

I had Nikah two years back without Rukhsati (Wife did not move to my place and still lives with her parents). I left for Australia 3 days after Nikah but before that I had some intimate moments with my wife (but didn't had intercourse). I went back to see her in the beginnning of this year for three weeks and I lived at her place for the whole period since I don't have any home in Pakistan anymore. There again we had number of deep intimate bedroom encounters (but no intercourse this time as well). Then I came back to Australia. Just about a month ago while in an argument on whatsapp text messages I divorced my wife once texting her 'Main Khuda Ko hazir nazir jankay tmhain talaq daita hn' (Translation: As God my witness I divorce you). These were my exact words and I only texted this once in a fit of anger. I don't want to divorce her and All I want to know that by giving that one divorce have I actually divorced her or not. If so then what should I do? (Do I need to redo the Nikah or just say to her that I take you back or some other thing).

Thanks

Sameer

Answer

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

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

 

Talaq issued via a text message in a state of anger is valid.[1] In the enquired situation, one revocable divorce (Talaq Raj’ee) occurred. You may revoke the Talaq by saying I take you back as my wife before the ‘Iddah period elapses which is three menstrual cycles. Also make Taubah and Istighfar for your undue emotional outburst and train yourself to contain yourself in the future.  

 

And Allah Ta’āla Knows Best

Abdullah ibn Mohammed Aijaz

Student Darul Iftaa
Baltimore, USA 

Checked and Approved by,
Mufti Ebrahim Desai.



[1] Jadid Fiqhi Masaail V.1/PG.204

بدائع الصنائع في ترتيب الشرائع (3/ 100)

وكذا التكلم بالطلاق ليس بشرط فيقع الطلاق بالكتابة المستبينة وبالإشارة المفهومة من الأخرس لأن الكتابة المستبينة تقوم مقام اللفظ والإشارة المفهومة تقوم مقام العبارة.

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.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.