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
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.
References (Arabic / Urdu sources)
[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.
- Answered by
- Abdullah ibn Mohammed Aijaz
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/36869
Fatawa SA: https://fatawa.co.za/fatwa/askimam-36869
People also ask
What are the Islamic guidelines for intimacy in marriage?
“Being intimate with one’s wife during menstruation is not permissible until she reaches purity. The Quraan Sharif states: They ask you (O Muhammad e) concerning menstruation.”
Ibn Masood · 633 fatawa from 8 Darul Iftas on this
What the Darul Iftas say