a Preson had a fight with his wife and while a sleep had uttered triple talaq. Which was convyed by her wife to a friend

28 Mar 2006 · 28 Safar 1427 AH1 min readFatwa 14115English

Question

It happened in Y'day in Eastern part of India, that a Preson had a fight with his wife and while a sleep had uttered triple talaq. Which was convyed by her wife to a friend, later it reached to cleric and Fatwa was issued that wife is divorced.

i) Please explain if is right that even in state of sleep, or intoxicaneted if a Man utters triple talaq wife get divorced.

ii) With this issue the non muslims started saying that " its such a injustice that in a sitution even a women is at no fault she is seprated from her husband, if wants to get remarried to the same guy she needs to marry someone else have physical relationship with second one ( next husband ) divorce him and remarry the pevious one.

How to explain this to non muslim critics. Please explain in detail.

Answer

All the Fuqahaa are unanimous that Talaaq pronounced in one’s sleep is not valid. The cleric has erred in his ruling and brings to question his qualification in Shari’ah.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by: Mufti Ebrahim Desai

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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/14115
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