Unintentional talaq

Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The theory and practice of divorce in the Islamic world have varied according to time and place. According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce.

unintentional talaq

Similarly for a non-menstruating woman, At-Talaq prescribes the waiting period. This is to give the husband time to reconsider his decision. The Quran substantially reformed the gender inequity of divorce practices that existed in pre-Islamic Arabia, although some patriarchical elements survived and others flourished during later centuries.

Unintentionally Uttering Words of Talaq

In this system, women were particularly vulnerable. The Quran limited the number of repudiations to three, after which the man cannot take his wife back unless she first marries another man. The subject of divorce is addressed in four different surahs of the Quran, including the general principle articulated in [7].

If you divorce women, and they reach their appointed term, hold them back in amity or let them go in amity. Do not hold them back out of malice, to be vindictive. Whoever does this does himself injustice". Classical Islamic law is derived from the scriptural sources of Islam Quran and hadith using various methodologies developed by different legal schools. The term talaq is commonly translated as "repudiation" or simply "divorce".

Upon talaq, the wife is entitled to the full payment of mahr if it had not already been paid. The husband is obligated to financially support her until the end of the waiting period or the delivery of her child, if she is pregnant. In addition, she has a right to child support and any past due maintenance, which Islamic law requires to be paid regularly in the course of marriage.

Giving the husband a prerogative of repudiation was based on the assumption that men would have no interest in initiating a divorce without good cause, given the financial obligations it would incur. Talaq is considered in Islam to be a reprehensible means of divorce. The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant. Resumption of sexual relations automatically retracts the repudiation.

The wife retains all her rights during the waiting period. The divorce becomes final when the waiting period expires. This is called a "minor" divorce al-baynuna al-sughra and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a "major" divorce al-baynuna al-kubraafter which the couple cannot remarry without an intervening consummated marriage to another man. Making the third pronouncement irrevocable prevents the husband from using repeated declarations and revocations of divorce as a means of pressuring his wife into making financial concessions in order to "purchase her freedom".

Women often entered marriage with substantial capital in the form of mahr and the trousseau provided by their family, which they were not obliged to spend on family expenses, and they frequently loaned money to their husbands. Because of this, and the financial obligations incurred, talaq could be a very costly and in many cases financially ruinous enterprise for the husband. Many repudiated women used the divorce payment to buy their ex-husband's share in the family house.

In the historical record talaq appears to have been less common than khul'. Available evidence from Mamluk Egypt indicates that talaq was not the principal means of divorce. This led to repudiation without good reason being considered socially improper. Talaq types can be classified into talaq al-sunnahwhich is thought to be in accordance with Muhammad's teachings, and talaq al-bid'ahwhich are viewed as a bid'ah innovation deviations from it.

Talaq al-sunnah is further subdivided into talaq al-ahsanwhich is the least disapproved form of talaq, and talaq al-hasan. The ahsan talaq involves a single revocable pronouncement of divorce and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time.

In contrast to talaq al-sunnahtalaq al-bid'ah does not observe the waiting period and irrevocably terminates the marriage. Shiite jurisprudence does not recognize talaq al-bid'ah.

The husband can delegate the right of repudiation to his wife.Similar Answers. Divorce as prescribed in Islam means that the man issues one divorce talaaq to his wife during a period of purity in which he has not had intercourse with her, or when she is pregnant. Such a divorce counts as such, according to scholarly consensus.

As for issuing a divorce when the woman is menstruating or during a period of purity in which he has had intercourse with her, it counts as such according to the majority of scholars, but does not count as such according to some scholars.

Triple Talaq Bill Violates Women's Rights, Says Muslim Law Board

Please see the answers to questions no. A divorce issued in a moment of anger is subject to further discussion and is a matter concerning which the scholars differed. The more correct view is that in the event of anger, if the speaker does not know what he is saying, or extreme anger led the husband to issue the divorce, and were it not for the anger he would not have done so, then it does not count as such.

This is in contrast to ordinary anger that is not severe; in such cases the divorce does count as such. See the answer to question no. If he was referring to the present — i. If he was referring to the future, then this is a threat and a warning, and the divorce does not count as such until he fulfils his threat and divorces her.

Attention should be paid to such matters in the language of any speaker. The majority of Hanafi, Maaliki and Hanbali scholars are of the view that it is an explicit statement [and therefore the divorce counts as such]. This is also the view of Abu Haneefah and Maalik. The second view is that divorce is an explicit term, so there is no need for it to be accompanied by the intention, as it is customarily used among them. Something similar is mentioned in [the book] al-Intisaar.

End quote. It should be noted that most instances of divorce stem from anger, frustration and agitation; no one speaks of divorce when he is relaxed and happy. Therefore the fact that the husband divorced his wife in a moment of anger does not necessarily mean that it does not count as such, as many people think, unless the anger is so extreme that he no longer knew what he was saying, or he lost control of himself in such a manner that he spoke without meaning it.

In that case, his divorce does not count as such, according to scholarly consensus. However, if he was very angry but did not reach the stage where he was no longer aware of what he was saying, although his anger was so intense that he was no longer in control of himself and felt that he had been pushed to divorce, in this case the majority of scholars are of the view that this anger does not preclude divorce.Marriage is a solemn bond aiming to build strong societies and for most it works well with the prerequisite attention it deserves.

The outcome of a successful marriage is to create a relationship based on love, compassion and tranquillity. However, when this is not realised in the marriage it harms the individuals, their families and even the offspring. The Quran is a book of guidance from our Creator who knows us best and is designed to address our problems. Divorce is often frowned upon in Muslim societies and due to much ignorance and confusion can lead to great hardship and severing of the family unit.

It is unfortunate that Muslims are unaware of the depth at which the subject of divorce is dealt with by Allah SWT in the Quran. This website aims to remove the confusion and provide solutions for those facing the unfortunate situation of an impending divorce. There are subtle wisdoms provided by Allah SWT reminding us that things that we dislike may in fact be good for us and furthermore may even be a source of happiness over time. Thus we are encouraged to re-evaluate our circumstance within a different paradigm and this alone may resolve the differences that are driving the couple apart.

Exhausting this avenue is encouraged, however if matters worsen Allah counsels us that arbiters should be brought in to facilitate an equitable resolution. If arbitration is unsuccessful than divorce proceedings are initiated. However, it is important to note that this requires a conscious decision and is not a once off act but provides for a live in period to effect reconciliation. This website provides detailed advice to hopefully achieve a happy reunion or an amicable separation.

It should be noted that the verses dealing with both marriage and divorce lay a great emphasis on taqwa Allah-consciousness and encourages both parties to strive towards achieving a successful and positive outcome. The abuse of divorce in Islam is unfortunately widespread with the occurrence of 3-in-1 talaqs, halalah and wives being forced to maintain an unhappy — and in some cases abusive — relationship.

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This is unfortunate and goes totally against the wisdom and directives of Allah SWT. These matters are also covered in this website which provides case studies to assist those in such circumstances. To facilitate the understanding of some terminologies used on the topic of divorce we provide some basic definitions below:.

Blog at WordPress. In the name of God the Compassionate the Merciful Marriage is a solemn bond aiming to build strong societies and for most it works well with the prerequisite attention it deserves. To facilitate the understanding of some terminologies used on the topic of divorce we provide some basic definitions below: Arbitration: a procedure to resolve disagreements between two people using representatives from each party Talaq: An Arabic term for divorce and refers to the complete procedure from determination for divorce, completion of iddah and final officiation of the separation Iddah: A fixed period of time after a couple have initiated a divorce procedure where they couple live within the same dwelling.

It provides the couple an opportunity to reconcile before the final determination to separate. Halalah: A marriage of a women with a new husband who has previously completed three separate divorce procedures and thus can legally marry the previous husband.

However, it is misused when incorrectly applied after three talaqs-in-one and leads to women abuse and destroys marriages.

unintentional talaq

Khula: The right exercised by a wife to initiate a divorce from her husband. Zina: unlawful sexual intercourse. Mahr: a provision accorded by Quranic law by a husband to a wife in order to solemnize a marriage. The mahr must be agreed upon by the wife and is for her use at her sole discretion.

Share this: Twitter Facebook. Post to Cancel.Akhtar, a resident of Prabodhi village in Bihar's Vaishali district, said " talaq, talaq, talaq " to his wife Sakeena in a fit of rage after she objected to his drinking.

Akhtar's neighbours informed the local maulvi, Inamul Haq Khan, about the incident, who quoting from the Shariat law decreed that the couple have been divorced and would have to live separately.

Akhtar, a father of three, admits his guilt but says his drunken state at the time of the incident should be kept in mind and he should be forgiven. I don't remember whether I pronounced talaq once or three times.

I want to be with my wife and children," said Akhtar, who is living at his shop ever since the decree by the cleric four days ago. Sakeena says he was too drunk to realise the seriousness of uttering talaq and wants him forgiven. Under the Islamic law if a divorced woman wants to remarry her first husband, she has to perform halala marry another person and then divorce him to facilitate remarriage with the first husband.

When contacted for comments Bihar Housing Minister Monaz Hassan said the couple would have to follow the Shariat law as interpreted by the village cleric. If the couple still continue to live together, it would be haram sin under the Islamic law," he said.

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unintentional talaq

NewsApp Free Read news as it happens. Get Rediff News in your Inbox: email. A year-old tailor, who said talaq divorce to his wife in a drunken state in Vaishali, has been separated from his wife by a local cleric.

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The Day of Reckoning has arrived for China. I spent 8 days in a Covid hospital. To get such articles in your inbox.Akhtar, a resident of Prabodhi village in Bihar's Vaishali district, said " talaq, talaq, talaq " to his wife Sakeena in a fit of rage after she objected to his drinking.

Akhtar's neighbours informed the local maulvi, Inamul Haq Khan, about the incident, who quoting from the Shariat law decreed that the couple have been divorced and would have to live separately. Akhtar, a father of three, admits his guilt but says his drunken state at the time of the incident should be kept in mind and he should be forgiven.

I don't remember whether I pronounced talaq once or three times. I want to be with my wife and children," said Akhtar, who is living at his shop ever since the decree by the cleric four days ago.

Sakeena says he was too drunk to realise the seriousness of uttering talaq and wants him forgiven. Under the Islamic law if a divorced woman wants to remarry her first husband, she has to perform halala marry another person and then divorce him to facilitate remarriage with the first husband. When contacted for comments Bihar Housing Minister Monaz Hassan said the couple would have to follow the Shariat law as interpreted by the village cleric.

If the couple still continue to live together, it would be haram sin under the Islamic law," he said. All rights reserved.

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Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent. The Web. India Abroad. Text Email this article. Top emailed links. Print this article.

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Contact the editors. Discuss this article. Share your comments.By using our site, you acknowledge that you have read and understand our Cookie PolicyPrivacy Policyand our Terms of Service. Islam Stack Exchange is a question and answer site for Muslims, experts in Islam, and those interested in learning more about Islam. It only takes a minute to sign up. If husband and wife are fighting and wife ask for divorce but the husband has no intention to give divorce and remains silent, then the wife again says I can't live with you and husband unintentionally says okay, but has no intention of divorce at all.

Now his wife says to him as you said "okay" to my statement, so the marriage is over. No its not divorce is not something you just said and it happened.

unintentional talaq

There is a way or giving divorce and there are steps that a muslim have to go through and if you didn't intend to say it or didn't mean it then no its not divorce.

Sign up to join this community. The best answers are voted up and rise to the top. Home Questions Tags Users Unanswered. Ask Question. Asked 3 years, 3 months ago. Active 2 years, 11 months ago. Viewed times. Is it a valid divorce even if the husband did not utter anything except okay? Rebecca J. Stones Active Oldest Votes.

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Linked Hot Network Questions.Shorter Answer: A man should not use divorce every time there is an argument between him and his wife, because of the negative consequences that result from divorce. Nevertheless, your case is that of unintentional non-affirmative divorce.

Consequently, your case does not constitute divorce because there was no intent and your statement was not an affirmative one, lacking firm determination to divorce. Long Answer: A man should not use divorce every time there is an argument between him and his wife, because of the negative consequences that result from divorce. Many men take the matter of divorce lightly and every time there is an argument between them and their wives, they swear to divorce them, and every time they have a disagreement with their friends, they swear to divorce their wives, and so on.

So how about one who makes divorce his habit, and every time he wants to stop his wife doing something or urge her to do something, he swears that he will divorce her? If one of these two factors is missing, then no divorce takes place. Some of the scholars — and this was the view favored by Shaykh al-Islam Ibn Taymiyah and others — were of the view that this condition is subject to further discussion, and it depends on the intention of the one who said it.

If he meant what is intended by the oath, which is to encourage someone to do something, or to stop someone from doing something, or to affirm something or deny something, then it comes under the ruling on oaths and no divorce takes place, but he must offer the expiation for breaking an oath when it is broken.

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If he intended thereby to divorce his wife, then she is divorced when the condition is fulfilled. His intention is known only to Allah from Whom no secret is hidden. So, the Muslim should beware of trying to deceive his Lord and of deceiving himself.

Does that count as a divorce? They replied: If you did not intend that as a divorce and you only wanted to urge her to go with you, then that does not count as a divorce, but you have to offer the expiation for breaking an oath kafaarat yameen according to the more correct scholarly view. If you intended that to count as a divorce if she did not respond to you, then that counts as one divorce.

To sum up, your case is that of unintentional non-affirmative divorce. The above answer — shorter version has been verified by Dr. You must be logged in to post a comment.

Assalaamu 'alay kum warahmatullahi wabarakatuhuh. As an avid reader and researcher, I came across this site while seeking information on an issue. Alhamdulillah, this site has an abundance of well-researched authentic information. What impressed and amazed me the most is the way questions are researched and responded to - i.

May Allah continue to bless the team and increase them in knowledge and reward them with good. Your website and work has helped me and my friends a lot in answering questions where we have always had doubts or no knowledge at all. May Allah SWT bless you and us. Alhamdulillah the topical nature of the questions asked and the practical answers given with references is both a very useful and interesting read. The short and long answer sections idea is Alhamdulillah ingenious as it serves the wider demographic.

May Allah bless you for your effort and work in his cause. Assalamu alaikum. May Allah reward his efforts and good deeds.

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