Issuing three talaaqs in the absence of one's wife
Question
I constantly have waswasa regarding different things, such as fears of losing important things and intrusive thoughts about divorce.
Recently, while driving alone, I had thoughts of talaq, and I became worried about accidentally uttering the word and losing my wife. To counter these thoughts, I ended up saying the statement three times "main tumhy talaq deta hon" with my wife's name, thinking it would stop my mind from repeating it in front of her.
However, I later read that divorce in isolation might still be valid. I also consulted an Imam at the Masjid, who assured me that the talaq is not valid. I would appreciate your opinion on this matter.
Answer
Talaaq is valid regardless of whether it is given in the presence of one's wife or in her absence. Since you issued the three talaaqs with the intention of not giving it in front of her, the three talaaqs are valid and your nikaah has terminated. You both are now haraam for each other.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35101
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35101
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“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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