Darul Iftaa Mahmudiyyah

Kindly clarify whether in the above scenario, all 3 talaqs has happened or not...

· 15 Rajab 1428 AH1 min readFatwa 15417English

Question

1. In 2005 X - the husband, writes on a piece of paper that ' I divorce' and then crosses it. Does this count as one talaaq.
2. In Sep, 2006, X - says ' I divorce you' in front of his uncle and brother in law and then do the rujoo.
3. In December, 2007, X clearly says these words - ' Divorce', I divorce you and there is a witness to that.

X and his family now says that there are only 2 talaqs and not 3.

Y based on #2 and #3 asked a scholar and got a fatwa that 3 talaqs have occured. Y then completed her iddat.

Kindly clarify whether in the above scenario, all 3 talaqs has happened or not.

Jazakullah Khairun.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

In points 2 and 3, the word divorce has been uttered three times. Why does X fell as the husband feel that onlt two divorces have taken place? Once we receive X’s response, we will issue a ruling.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/15417
Fatawa SA: https://fatawa.co.za/fatwa/askimam-15417

People also ask

Do three talaqs in one sitting count as three?

“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”

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