Message No : 5Sr.No : 71/725
Question By : Mrs.QamarMohsin.

Dear Sir,
I would like some information about the procedure of divorce under the conditions of the man saying ''Talak, Talak, Talak'' in one go out of anger to his wife. Do we interpret this as a Divorce according to the Shariat? How do the Hanafi take this into consideration? Please give me a clear picture of this situation.
Please reply at the earliest.
Thanking You,

Yours Sincerely,
Mrs.QamarMohsin.
No.14, Walton Road,
Near Airlines Hotel,
Bangalore - 560 001.
INDIA.

 

Reply By : Mufti Azizur Rahman Fatehpuri
Designation : Grant Mufti of Maharashtra, ODI, MMERC, Mumbai 

Dear sister in Islam
Wa'laikumus-salam

If one says to his wife, ''Talak, Talak, Talak'' in one go, out of anger or seriously, only one Talaq will be effected if the wife is Ghair madkhool biha (the wife who has not been made love practically by her husband) and can be re-married if both agree. On the contrary three Tlaqs will be effected immediately if the wife is madkhool biha, (the wife who has been made love with by her husband) and she will be Haram for her husband until they go through a long process.
If he intended by repetition, assertion and confirmation of the first utterance of the word Talaq and not second and third Talaq, he will be considered true in his statement, and only one Talaq will be effected if the case does not come before Darul Qzaa( Islamic court). And three Talaqs will be effected if the case comes before Darul Qaza even if he expresses his intention of assertion of one Talaq by its repetition.
If the husband says to his wife ''I divorce you three times'' or says '' I give you three divorces or Talaqs'' (mentioning the number, 3) the wife will be divorced thrice immediately in every case, and will be Haram for him until she gets legal separation after getting married with another person, having conjugal relationship with him and passing the period of Iddat. There is no difference between Madkhool biha and Ghair madkhool biha in this case. It is unanimously accepted by Hanafite, Malikite,Shafe'ite and Hanblite schools of thought on the bases of many Ahadith of the Prophet, unanimous decisions of the Companions and their Successors.This matter has been researched by the committee ''Al-lajnatud da'imah lil buhoos wal ifta of Saudi Arabiah , the fore-mentioned conclusion was drawn and consequently is in effect in Saudi Government. (Shami v. 2 p.499 , 494
Fatawa Rahimiah v.5 p.335
Ahsanul fatawa v. 5 p.224 to 372)

For proofs and reasons go through above-mentioned references specially the book '' Ahsanul fatawa v. 5 p.224 to 372'' or ask again if you don't find the book.
(Allah knows the best)
Thanking You
Wassalam

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