• +27 11 413 2785/6

Talaaq With Words Of Profanity

Question

I have been in nikah for the past 12 years.

I have been issued 1 formal talaaq in December after which we reconciled .

During the reconciliation period my husband on 3 separate occasions asked me to ____ off ( when questioned regarding his intention he mentioned that he meant I should leave the marriage and marital home.

 

Kindly advise what is the status of my nikah.

Answer

We assume that the first Talaaq was a Talaaq-e-Raj’ie (a revocable divorce); whereafter your husband revoked the divorce (within the Iddat term) and this resulted in the reconciliation that you are referring to. Thereafter he uttered an ambiguous statement in a vulgar manner indicating that you should ‘get out!’ which he explained to mean that you should leave the marriage and marital home. If he did not intend divorce with this ambiguous statement, no divorce took place. But, on the other hand, if by using this ambiguous statement or/and his explanation of ‘leave the marriage and marital home’ he intended divorce, then one Talaaq-e-Baaín (an irrevocable divorce) is effective. This means that from his allocated quota of 3 divorces, he has used up 2 divorces (together with the one issued in December). Thereafter he used the same vulgar term two more times but Talaaq will not be effective in these instances even if he had the intention of divorce, since you were already separated and estranged from him with the second divorce which was irrevocable. This is because of the rule that a subsequent irrevocable divorce given after a previously issued irrevocable divorce bears no effect. 

In conclusion (if your husband intended divorce when uttering the ambiguous statement), you will be considered to be divorced twice in total. However, as the second divorce was an irrevocable divorce, your husband may not reconcile with you merely by revoking that divorce. For reconciliation, it is imperative that the Nikah is renewed with your consent either during Iddat (if you are still serving your Iddat) or after the Iddat (if your Iddat has elapsed). He will have to pay the dowry once again when renewing the Nikah. If after renewing the Nikah, he issues a subsequent divorce (3rd divorce) then there is no room for reconciliation and the marriage will be irretrievably broken down (since a total of three divorces will be issued) unless the process of Halaalah is adopted.   

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

Related Fatawa
Undefined Type Of Talaaq Via Whatsapp

Question If the husband wrote to the wife via whatsapp that I give you one talaaq without mentioning whether it Read more

Written Talaaq-e-Baain

Question The husband wrote down with intention that he gives one talaaq baain (the written agreement was drafted by a Read more

Divorce Given In Anger

Question If you divorce your wife out of anger or u were angry at the time and divorced her does Read more

Living With The Ex-wife In One House

Question Kindly shed some light on the following matter because we were taught at madressa that a man and woman Read more

Wife Types A Letter Of Divorce In Presence Of The Husband Who Signs It Thereafter

Question Wife typed out a letter of divorce and both husband and wife signed this in front of each other. Read more

Darul Ifta - Darul Uloom Azaadville - Madrasah Arabia Islamia