Divorce

Divorce while Intoxicated

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Q: I want to ask about talaaq (divorce) that if husband gives divorce 3 times but he is drunk and next day he says he does not remember about the divorce, is the divorce valid?

A:
Talaaq issued by an intoxicated person is valid and binding. (Raddul Muhtaar V10 P470).

In this particular case, three Talaaqs have taken place. Him remembering or not does not make a difference.

Moulana Yusuf Laher

Asking for a Divorce

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Q: What should I do if I ask my husband a divorce and he says I am free. Can I do anything ?

A:
If what you are saying is exactly the true and proper situation and that you asked your husband for a divorce and he answered saying that you are free, then that will be counted as one baain talaaq. You are now in iddat. You can reconcile by making a new nikah in the iddat or after the iddat. Once the iddat ends, the nikah is broken. If a new nikah is made in the iddat then the iddat falls away.

Allah Ta’ala knows best

Mufti Siraj Desai
Darul-Uloom Abubakr

Copying Wife's Words and Divorce

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Q: A wife says: "I marry you, I marry you, I marry you, no no no, I divorce, divorce, divorce." If the husband mimics his wife's words with no intention but merely copies her words, is this considered divorce? The husband was not even aware he had done something wrong.

A:
Divorce will not take place. He should take care in the future.

Moulana Yusuf Laher

Template for Divorce

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Q: I have been told that should a man wish to talaaq (divorce) his wife via text message, the wording has to follow a certain template or else it would not be seen as valid. Also i have heard that if the message says "you are divorced from me" it is not valid. Could you perhaps provide some clarification on this matter.

A:
A special or certain template is not required. If he texts her a divorce in any word form, it will be valid and binding.

'You are divorced from me' is also valid and binding.

Moulana Yusuf Laher

Asking for Divorce

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Q: My husband in general asked me that should he divorce me twice since I couldn't hear what he said the first time. Is this valid even though he had no intentions to say that and what I should do?

A:
He asked if he should divorce you, he did not divorce you. Asking is not a divorce.

Moulana Yusuf Laher

Custody of Children

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Q: I have been married for seven years. Three kids now. But we have always had problems and they get worse.  We don't communicate at all-just the necessary  stuff.  My husband is manipulative and I used to succumb but now I have started resisting.  He wants me to fail in my endeavors. He insults me at the slightest opportunity-says I am not mar'atussaliha (a pious woman).  We disagree about many important things. He never agrees to learning or trying to change things or going for counseling.  He does not want to try.  Many times I feel like leaving him but my only concern is how my kids will fare.  Do I have the right to keep them even if I do female divorce-Khula? The oldest is six.

A:
The wife has the right to custody of boys up to 7 years of age and girls up to 9 years of age. Thereafter they will be in the custody of the father, unless he allows her to keep them longer.

Try your utmost to resolve the issues by:
1. Getting a few elders from each family to sit with both of you and discuss the issues.
2. Asking your local Aalim or a few Ulama to sit with both of you.

Moulana Yusuf Laher

One Divorce and Reconciliation

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Q: I would like to know if you have given one talaaq (divorce)and the iddat (waiting) period has passed can the man and woman still reconcile and if so, What must they do.

A:
If one Talaaq was issued and the Iddat has expired, then to get together again, a new Nikah has to be performed and a new Mahr given.

Moulana Yusuf Laher

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