• Social Matters >> Talaq (Divorce)

    Question ID: 44751Country: India

    Title: Talaaq by the way of khula

    Question: I and my wife were leading happy life. She is Muslim but not religious and do not know about khula and talaq. She is from poor family. I made a wish to turn and make her to learn basics of Islam and slowly she was turning and was performing namaz and reading hadith because of her arrogant nature and quarrel between us she asked that she want to get separated. Initially I said her \"aap ko agar jana hain to ja sakte main jabar dasti nahi karoo ga muhje toh aap ke sath hi rehna hain\" after some days, she was pregnant about one month and sudden miscarriage happen and after that for ten or more days she was at her mother place, then with my parents and I went her home. We were not in contact neither phone nor SMS. My parents asked her to come home she replied no then my parents asked do you want to get separated, she replied yes. But we do not want to get separated. We both were scared of our parents. They made khula bond papers and made me to give talaq to her. I said what I should say my dad said me \"you say afrin aap muhje khula maagre aur main aap ko talaaq de deta/diya\" then I was repeating my dad words which I do not want to give just I uttered because of scared and afraid of elders. And they made me to say the above sentence thrice which I uttered followed by my dad words. On the same day we sent all her belongings and gifted things at her home. The very next morning she met me and said I want to live and stay with you. Even I am ready to accept her. Please show us the right path.

    Answer ID: 44751

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 782/782/M=1434) In case the details provided herein is correct and Afreen is your wife and you repeated the word of talaq thrice on the instruction of your father which you confirm then all the three talaqs took place and your wife became irrevocably divorced (mughallazah bayina) and haram for you, as the said words are the words of giving talaq. The nikah of both of you came to an end completely. Now it is necessary for both of you to do purdah from each other. After iddah, Afreen will have the option to marry any man except you. Her nikah with you shall not be valid without a Shariah halalah. فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجاً غَيْرَهُ [البقرة : 230]

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India