• Social Matters >> Talaq (Divorce)

    Question ID: 35645Country: India

    Title: I am new to Islam. I myself and my wife know very little about Islam i. e. in this case about nikah, married life, and of Talaq

    Question: I am new to Islam. I myself and my wife know very little about Islam i. e. in this case about nikah, married life, and of Talaq. Only thing we know about Talaq is that it is like divorce, after that a man and woman can able to stay as husband and wife if they agree to stay; and their marriage did not break till they remarry to someone else after Talaq. We both of us did not know there are three types of Talaq, only we know that it should be given three times in a single sitting. As having this information in our mind and unaware of the actual consequence and rules, having above context in our mind that talaq should be given 3 times and in rage, tension with other person and ignorance I gave three talaq to my wife, without having any type of dispute or misunderstanding between us. The tension and dispute was with someone else and my wife was not present in the spot as she was in her maternal house. We both of us love each other very much and never think of staying separate with each other. During dispute remembrance of some her past statements in my mind made me to behave like this. After knowing from people about dire consequence, now I want to know that though we have no dispute and we did not know about talaq. So after this incident what is the status of our marriage and what we will do to remain as husband and wife? As talaq was not valid for insane since insane person have not have proper knowledge about this, likewise, we have not have proper knowledge about this.

    Answer ID: 35645

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 18/L=20/TL=1433) In the question mentioned above, after you learned that "talaq should be given three times and that too in a single sitting" no other lack of knowledge is counted. According to Shariah in a place where there is no problem in learning Shariah rulings ignorance shall not be taken as an excuse. Hence your wife was divorced with three talaq mughallazah. Now without valid Halalah, it shall be unlawful to establish any physical contact with your wife. Do not judge yourself as insane because an insane person does not have the ability of learning and thinking; hence his talaq is invalid as per the Shariah. In contrary to it, you are a sane person and you are in such a place where you can learn Shariah rulings; hence this excuse shall not be applicable.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India