Fatwa: # 44535
Category: Jurisprudence and Rulings...
Country:
Date: 27th April 2020

Title

Ṭalāq clarification

Question

I have been married for 3 years and my husband has a temper he said the words "intee taliq" in one of our arguments and a few hours later took it back because he said it was out of anger and it does not count and I continued with our marriage. He was mentally and physically abusive. He said that if he ever put his hands on me again he will divorce me... he ended up putting his hands on me again, would that count? Also, he recently said intee taliq and I told his parents and my parents because I had enough. This is not a game and he said he didnt mean it, but I stood my ground this time cause he seemed to be in his right mind when he said. Before the 3 months were up, he said I am taking you back. However, I told him I will not stand for this anymore and he said to take my time and he feels terrible but I need to confirm is this considered my first divorce???

Answer

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

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

Sister in Islam, we sympathize with you in this challenging situation.

Ṭalāq is a sensitive matter. To best advise you, please clarify the following:

1)     Regarding the second statement, please state your husband’s exact words. Did he say

A.     “If I put my hands on you, you are divorced,” or

B.     “If I put my hands on you, I will divorce you.”

In principle, ʿiddah (waiting period) is three menstrual cycles long for a menstruating woman. If you are not a menstruating woman, your ʿiddah will be three months long. In light of this principle, if your husband took you back within the time frame of three cycles, your marriage will still be intact.

2)     Are you a menstruating woman?

3)     Based on the above principle, did your husband take you back before the third cycle ended?

Please clarify the above, and we can better advise you. You may email the clarification to admin@daruliftaa.net Ref: Abrar Habib.

And Allah Ta’āla Knows Best

Abrar Habib

Student - Darul Iftaa

New York City, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

 

04-08-1441|28-03-2020

 

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