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Ruling of Divorce via sms

Question:

Could you please tell me in the light of sharia if I wrote talak word three times in text message with anger and no intentions in one setting, would my nikkah still be valid? I really love my family despite issues and do not want to break the family. Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful

If you typed the word talaq thrice and sent it via text message to your wife, three talaqs will occur irrespective of your intention because the intention is not taken into consideration when the words of talaq are mentioned clearly. In addition, one’s state of anger does not prevent a divorce from coming into effect because generally men issue divorce out of anger, not out of love. (Fatawa Hindiya: v. 1, p. 414 [DKI]; Fatawa Darul Uloom Zakariya: v. 4, p. 43-44, 53, & 109 [ZamZam]) Moulana Ashraf Ali Thanwi (r.a.) elaborates on this matter, “If a man issues three divorces to his wife, she becomes completely forbidden to him. Even if they renew their nikah, it will be unlawful for the woman to live with him. This nikah will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to marry him, there is only one way in doing this. That is, she will have to marry another man, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her 'iddah. Upon completing her 'iddah, she can remarry her first husband. Without marrying a second man, she cannot remarry her first husband. If she marries a second man, but he dies before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well.” (Bahishti Zewar: p. 398 [Darul-Ishaat])

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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