• Social Matters >> Talaq (Divorce)

    Question ID: 32183Country: India

    Title: I got married last year of july, but due to so many reason we could not live together. After so many tries I gave her talaq, but when i gave her talaq, at that time she was pregnent.

    Question: I got married last year of july, but due to so many reason we could not live together. After so many tries I gave her talaq, but when i gave her talaq, at that time she was pregnent. I want to know that my talaq has been done or not, because so many people told me that during pregnency ur talaq will not be acceptable (means a husband can not give talaq, when his wife pregnent) and what about the mahar, my mahar was fixed one lac rupees, when we met first time i promised her that whenever you will need ur mahar i will pay you, and both she was agreed happily.

    Answer ID: 32183

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 773/649/B=1432) (1) Husband can divorce his wife even while she is pregnant and that talaq will take place. وَأُوْلَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ [الطلاق : 4] (2) The total amount of mahr (one lakh rupees) is due on you. Talaq does not revoke mahr. Hence, you should pay the amount of mahr to your divorced wife as soon as possible. فالمهر يتأكد بأخذ معان ثلاثة : الدخول والخلوة الصحيحة وموت أحد الزوجين الخ (بدائع الصنائع)

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India