Category:
Fatwa#: 37036
Asked Country: India

Answered Date: Nov 08,2016

Title: Denying saying talaq 3 times claiming tarraq was said

Question

 

I would like to know about divorce of my parents. My father is of 76 and mother is 74 years old.

16 years back when my father mother had an argument my father said talaq 3 times. My mother along with me and my siblings left the home and we went to stay with my aunt. After few days my father called up and said he didnt said talaq he said "Tarraq" and he sworn on me and quran. We came back to our home after that.

Few days back my father said my mother ki maine tere ko chutti kar di hai.

So again this episode arose.

Was the talaq done before 16 years was it a few days back or not at all??

Please guide

Answer

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

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

The incident that took place 16 years ago has been addressed at that time. Your father took an oath that he said tarraq rather than talaq. Your mother believed him and reconciled. 

While there may be questions around his explanation, if your mother was satisfied with his explanation and reconciled, the onus is upon your father and his conscience in Allah and answering to Allah in the Hereafter.

The present statement, “maine tere ko chutti kar di hai” depends on his intention. If he intended talaq, then only talaq-e-baain will take place. Your father should clarify his intention based on his consciousness in Allah.

 

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

 

 

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